The Supreme Court allowed the appeal filed by Appellant against the High Court's decision which had invalidated the selection process for Professor (Plastic Engineering) posts. The Court held that AICTE Regulations apply only to career advancement schemes and not to direct recruitment processes conducted under State Government rules. The candidate had participated in the interview-based selection process without protest and secured only 28 marks against the required 45 marks. The Court emphasized that the selection committee's decision should not be interfered with in judicial review and that the principle of estoppel applies against candidates who participate in selection processes without objection.
The Supreme Court allowed the appeal filed by Appellant -- The Court held that All India Council for Technical Education (Career Advancement Scheme for the Teachers and Other Academic Staff in Technical Institutions) (Degree) Regulations, 2012 (AICTE Regulations) do not apply to direct recruitment processes conducted under State Government rules -- The candidate participated in the selection process without protest and was bound by the advertisement terms -- The selection committee's decision regarding suitability was made by experts and should not be interfered with in judicial review -- The Division Bench of High Court erred in invalidating the selection process based on AICTE Regulations -- The principle of estoppel applies against the candidate who participated in the selection process -- The AICTE Regulations govern career advancement schemes, not direct recruitment processes -- The State Rules framed under Article 309 of Constitution of India govern the recruitment process
The Supreme Court allowed the appeal and set aside the order dated 20.08.2025 passed by Division Bench of High Court of Gujarat -- The Court restored the order dated 25.11.2024 of learned Single Judge which had dismissed the writ petition -- The Court held that AICTE Regulations do not apply to direct recruitment processes under State Rules
Citation: 2026 LawText (SC) (01) 64
Case Number: Civil Appeal No. of 2026 (@ SLP (C) No.27710 of 2025)
Date of Decision: 2026-01-19
Case Title: Whether AICTE Regulations apply to the process of direct recruitment under the State Rules conducted by the Commission for filling up the post of Professors in Government Engineering Colleges in the State of Gujarat
Before Judge: PAMIDIGHANTAM SRI NARASIMHA J. , ALOK ARADHE J.
Equivalent Citations: 2026 INSC 70
Appellant: Gujarat Public Service Commission
Respondent: Gnaneshwary Dushyantkumar Shah & Ors.
Nature of Litigation: Civil appeal challenging High Court order that invalidated selection process for Professor posts
Remedy Sought: Appellant seeks reversal of High Court order and restoration of Single Judge's decision dismissing writ petition
Filing Reason: Division Bench of High Court held that AICTE Regulations apply to direct recruitment and invalidated interview-based selection process
Previous Decisions: Single Judge dismissed writ petition holding candidate bound by advertisement terms -- Division Bench set aside Single Judge's order and directed fresh selection under AICTE Regulations
Issues: Whether AICTE Regulations apply to direct recruitment processes conducted under State Government rules Whether candidate who participated in selection process without protest can challenge the process subsequently Whether judicial review should interfere with expert committee decisions on candidate suitability
Submissions/Arguments: Appellant contended Division Bench erred in applying AICTE Regulations to recruitment process -- Candidate participated without protest and cannot challenge process -- Advertisement prescribed interview-based assessment Respondent contended AICTE Regulations prevail over State rules -- Principle of estoppel cannot be invoked -- Candidate's Fundamental Right under Article 16 violated -- No interference called for in appeal
Ratio Decidendi: AICTE Regulations framed under Section 23(1) read with Section 10(i) and (v) of AICTE Act govern only career advancement schemes and not direct recruitment processes -- State Rules framed under Article 309 of Constitution of India govern direct recruitment -- Candidate who participates in selection process without protest is bound by advertisement terms and cannot subsequently challenge the process -- Principle of estoppel applies against such candidates -- Expert committee decisions on candidate suitability should not be interfered with in judicial review unless mala fide or arbitrary
Judgment Excerpts: The pivotal issue involved in this appeal is whether AICTE Regulations apply to the process of direct recruitment under the State Rules, conducted by the Commission, for filling up the post of Professors in Government Engineering Colleges in the State of Gujarat The answer to the issue is found not merely in text of the Regulations but in the very architecture of the Regulations Regulation 2.5 provides that CAS promotions from a lower grade to a higher grade of Assistant Professor/Associate Professor shall be conducted by a 'Screening-cum-Evaluation Committee'
Procedural History: Advertisement issued on 23.09.2015 for recruitment to Professor posts -- Candidate participated in interview on 17.12.2015 and secured 28 marks -- Candidate filed writ petition challenging selection process -- Single Judge dismissed writ petition on 25.11.2024 -- Division Bench allowed appeal and set aside Single Judge's order on 20.08.2025 -- Supreme Court granted leave and heard appeal
