8. Mr.Khanna further submitted that although the Appellant was working in
another college at present she had not given up her claim to the post of
Lecturer (Hindi) in the Respondent No.1 College. The learned Single Judge
having arrived at a factual finding that the Respondent No.5 did not possess
LPA No. 389/2006 Page 5 of 15
the NET qualification as on 15th July 2001 and had not submitted the Ph.D.
thesis on or before 31st December 1993, there was no alternative but quash
the illegal appointment of Respondent No.5. Mr. Khanna submitted that the
notification dated 31st July 2002 issued by the UGC was prospective. He
relied upon the judgments of the Supreme Court in N.T. Devin Katti v.
Karnataka Public Service Commissioner (1990) 3 SCC 157, P.Mahendran
v. State of Karnataka 1990 (1) SCC 411, Gopal Krishna Rath v. M.A.A.
Baig (dead) by LRs 1999 (1) SCC 544 and Secretary, A.P. Service
Commision v. B.Swapana (2005) 4 SCC 154 to contend that the eligibility
criteria could not be changed retrospectively and after the last date for the
submission of applications.
That is because every statute or statutory
rule is prospective unless it is expressly or by
necessary implication made to have
retrospective effect. Unless there are words in the
Statute or in the Rules showing the intention to
affect existing rights the rule must be held to be
prospective. If the Rule is expressed in a language
which is fairly capable of either interpretation it
ought to be considered as prospective only. (See
P.Mahendran and Ors. v. State of Karnataka and
Ors. etc.