The Supreme Court on Monday (January 19, 2026) set aside a Gujarat High Court order that had reopened a decade-old recruitment process for the post of Professor in Government Engineering Colleges. The top court ruled that the Gujarat Public Service Commission (GPSC) followed the correct legal framework and that AICTE regulations could not be applied to direct recruitment conducted under state rules.
Background of the Case
The dispute arose from a 2015 recruitment advertisement issued by the Gujarat Public Service Commission for seven professor posts, including one in Plastic Engineering. Gnaneshwary Dushyantkumar Shah, who applied for the post, appeared for the interview but failed to secure the minimum qualifying marks.
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She later approached the Gujarat High Court, arguing that the selection process violated AICTE Regulations, 2012. According to her, the recruitment should have followed the Career Advancement Scheme (CAS) norms prescribed by AICTE. A Single Judge dismissed her plea, but the Division Bench reversed the decision and ordered a fresh selection based on AICTE norms.
This prompted the Gujarat PSC to approach the Supreme Court.
Court’s Observation
A bench comprising Justice Alok Aradhe and Justice P.S. Narasimha examined whether AICTE regulations governed direct recruitment to teaching posts in state-run engineering colleges.
The court made it clear that AICTE Regulations are meant for career progression of existing faculty and not for fresh recruitment.
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“The regulations are designed to advance a career, not to initiate one,” the bench observed.
The judges noted that the Career Advancement Scheme applies only to in-service teachers seeking promotion and not to candidates applying through open competitive selection. They emphasized that the candidate was neither an incumbent faculty member nor eligible under CAS provisions.
The court also pointed out that the applicant had participated in the interview process without objection and raised the challenge only after being declared unsuccessful.
“A candidate who takes part in a selection process without protest cannot challenge the rules of the game after losing,” the bench remarked.
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Decision
Allowing the appeal, the Supreme Court set aside the Gujarat High Court’s 2025 order and restored the original recruitment process conducted by the Gujarat Public Service Commission.
The court held that:
- AICTE Regulations do not override State Recruitment Rules for direct appointments
- CAS provisions cannot be applied to open recruitment
- The High Court erred in interfering with the expert-led selection process
- The recruitment conducted in 2015 was valid and lawful
With this, the court upheld the selection process and closed the matter, noting that courts cannot reopen recruitment exercises after a decade.
Case Title: Gujarat Public Service Commission v. Gnaneshwary Dushyantkumar Shah
Case No.: Civil Appeal arising out of SLP (C) No. 27710 of 2025
Decision Date: January 19, 2026
