https://www.taxtmi.com/caselaws?id=182358 A validating statute cannot cure appointments that were void from inception unless it removes the underlying defect or changes the legal basis of invalidity. Here, ad hoc junior teacher appointments were made in breach of the mandatory 1979 recruitment rules, without the required Selection Board process and without Public Service Commission concurrence. The Court held that Section 3(1) could not simply deem those illegal appointments valid, because a deeming clause cannot create lawful consequences without first deeming the foundational facts that would support them. The constitutional challenge to the validating provision therefore failed, and the appointments remained invalid. en-us Fri, 17 Sep 2004 00:00:00 +0530 Thu, 06 Jun 2024 18:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182358 A validating statute cannot cure appointments that were void from inception unless it removes the underlying defect or changes the legal basis of invalidity. Here, ad hoc junior teacher appointments were made in breach of the mandatory 1979 recruitment rules, without the required Selection Board process and without Public Service Commission concurrence. The Court held that Section 3(1) could not simply deem those illegal appointments valid, because a deeming clause cannot create lawful consequences without first deeming the foundational facts that would support them. The constitutional challenge to the validating provision therefore failed, and the appointments remained invalid. Case-Laws Indian Laws Fri, 17 Sep 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182358