A vested right cannot be taken away except by a law which is expressly made retrospective: Delhi HC (DB) [Read Order]
In a relief to a trio who had cleared the recruitment process for being appointed as a constable in a Central Armed Police Force, the Delhi High Court has quashed the termination orders against them wherein they were informed by the CISF that their very candidature has been cancelled because their certificate is found to be invalid since the Institution they studied was non-recognized.
The Division Bench comprising of Justices Pradeep Nandrajog and Pratibha Rani in Arun Tomar vs. Union Of India observed that, a vested right cannot be taken away except by a law which is expressly made retrospective and must stand the scrutiny of law.
The Trio contended that they were awarded a degree in 2006 which certified that they had passed the Xth Standard Examination conducted by Gurukul University Vrindavan which was concededly notified as equivalent to the High School Examination conducted by the Uttar Pradesh Secondary Education Board. The recognition granted to the said university was withdrawn after the year 2008.
Allowing their Writ petitions the Court observed : “Suffice it to state that the letter recognizes the fact that the examination conducted by Gurukul Vishwavidyalaya Vrindavan was recognized and made equivalent to the High School Examination conducted by the UP Secondary Education Board till the year 2008 with the provision that the examination had to be passed in the same year and not that some papers were cleared in one year and some in the other. The recognition enured till the year 2008. The last part of the letter creates a little confusion by recording the opinion of the sender of the letter that in view of the notification dated May 09, 2013 where equivalence was abolished the degrees issued by the Vishwavidyalaya are not recognized as equivalent to High School Examination conducted by the Board.. It is trite that a vested right cannot be taken away except by a law which is expressly made retrospective and must stand the scrutiny of law. The Board or the State of Uttar Pradesh did not invalidate degrees awarded by the Vishwavidyalyas in the past during the period the Vishwavidyalya was recognized and degrees granted were given equivalence. The recognition was withdrawn in the year 2009.. When the petitioners took the examination in the year 2006 the Vishwavidyalas was recognized and equivalence was given to the degrees awarded by it. It is not the case of the respondents that the petitioners cleared the examination in more than one year.”
Quashing the termination order, the Bench directed the CISF to proceed ahead in the matter of giving employment to the petitioners as per law. If petitioners cleared the medical examination and are entitled to be offered appointment as Constable in CISF, letter offering appointment shall be issued to them, the Bench said.
Read the order here.