Supreme Court of India

DAKSHABEN B. PATELversusTHE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.

Citation: 1995 INSC 712
Decided: 10 November 1995
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYB L HANSARIA

Holding

The appellant, having obtained the M.Phil degree within the extended time, is eligible for regularisation and the respondents must refer her case to the UPSC as per the rules.

Summary

Dakshaben B. Patel appealed against the Administrator of the UT of Daman and Diu after the Central Administrative Tribunal extended her time by six months to obtain an M.Phil degree. She secured the degree within the extended period, and a notification dated 6 July 1992 confirmed her eligibility. The respondents had not referred her case for regularisation to the UPSC. The High Court held that the appellant was duly qualified and directed the respondents to forward her case to the UPSC for regularisation in accordance with the applicable rules. Consequently, the appeal was allowed and the original order disposed of.

Issues considered

Whether the appellant is eligible for regularisation after obtaining the M.Phil degree within the six‑month extension granted by the Tribunal
Whether the respondents are required to refer the appellant's case to the UPSC for regularisation

Subjects

service lawregularisationextension of timeM.Phil degreeUPSCadministrative tribunaleligibility

Judgment

A                            DAKSHABEN B. PATEL
                                         v.
    THE ADMINISTRATOR, U.T. OF DAMAN AND DIU AND 4 ORS.

                               NOVEMBER 10, 1995

B                [K. RAMASWAMY AND B.L. HANSARIA, JJ.]

            Se1vice Law:

            Regulmisation-Tlibunal extending time for obtaining M. Phil De-
C gree-Employee obtaining the degree within the extended time-Case to be
    refen-ed to UPSC for regulmisation-Directions issued.

          This appeal is against the Tribunal's order dated January 13, 1992
    extending six months' time to obtain the M. Phil Degree.

D           Allowing the appeal, this Court

          HELD : The Notification dated July 6, 1992 clearly shows that the
    appellant has obtained the degree in M. Phil and she is one of the
    candidates declared by the Board of Examiners as eligible for degree of M.
    Phil in Economics. Respondents are directed to refer the case of the
E · appellant for regularisation to the UPSC which would be done according
    to rules. [437-A-B]

            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 10539 of
    1995.
F
          From the Judgment and Order dated 19.6.95 of the Central Ad-
    ministrative Tribunal, Bombay in Misc. P. No. 1269/94 in O.A. No. 1177 of
    1993.

            K. Madhava Reddy and P.D. Sharma for the Appellant.
G
          K. Lahiri, B.K. Prasad, Niranjana Singh, S.N. Tardol, Ms. Sushma
    Suri and C.S. Babu for the Respondent No. 1 for UPSC.

            The following Order of the Court was delivered :

H           Leave granted.
                                        436
               D.B.PATELv. U.T.OFDAMANANDDIU                        437

      The Tribunal, vide order dated January 13, 1992 with the consent of A
the counsel for the respondents, had extended six months' time to obtain
the M. Phil Degree. The Notification dated July 6, 1992 clearly shows that
the appellant has obtained the degree in M. Phil and she is one of the
candidates declared by the Board of Examiners as eligible for degree of
M. Phil in Economics. Under these circumstances, the appeal is allowed
and O.A. stands disposed of.
                                                                           B

      Respondents are directed to refer the case of the appellant for
regularisation to the UPSC which would be done according to rules.

G.N.                                                   Appeal allowed.

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