Statutory recruitment regulations prevail over executive schemes in ESIC promotions, and cannot be displaced by advertisements or concessions.

Statutory recruitment regulations governing the ESIC teaching cadre prevailed over the DACP Scheme because the regulations framed under the Employees' State Insurance Act, 1948 had statutory force. The 2008 Regulations required four years' qualifying service, and the 2015 Regulations, made with Central Government approval, superseded them and required five years' service. Executive instructions, recruitment advertisements and internal references to DACP could not override or confer rights inconsistent with the regulations, and counsel's concession on a question of law did not create an estoppel against the statute. The DACP Scheme was held inapplicable and the 2015 Regulations governed promotions.

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Issues: Whether the contesting respondents' promotion from Assistant Professor to Associate Professor was governed by the DACP Scheme or by the ESIC Recruitment Regulations, and whether the office memoranda, advertisements and prior concessions could displace the statutory regulations.

Analysis: The service conditions of the ESIC teaching cadre were governed by regulations framed under the Employees' State Insurance Act, 1948, which had statutory force. The ESIC Recruitment Regulations 2008 required four years' qualifying service and the ESIC Recruitment Regulations 2015, made with Central Government approval, superseded them and required five years' service. An executive instruction such as the DACP Scheme could supplement only where the statutory rules were silent, and could not override or supplant statutory regulations. The references in recruitment advertisements and internal communications to DACP could not confer rights contrary to the governing regulations. A concession by counsel on a question of law did not create an estoppel against the statute.

Conclusion: The DACP Scheme was inapplicable to the contesting respondents' promotions, and the ESIC Recruitment Regulations 2015 governed the field. The appeal succeeds and the High Court's judgment is set aside.

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