SC Clarifies Doctrine of Ratification in Administrative Law

SC Clarifies Doctrine of Ratification in Administrative Law

The Supreme Court explained the doctrine of ratification in Delhi Technological University v. B.S. Rawat, holding that a subsequent approval by the competent authority can validate an earlier act performed without proper authority. The Court relied upon the principle Ratihabitio mandato aequiparatur, meaning that subsequent ratification is generally equivalent to prior authorization. The doctrine operates retrospectively where the original act was legally capable of being performed and the authority providing ratification possessed the necessary power. However, ratification cannot cure an act that was inherently illegal or beyond the statutory powers of the competent authority. In the case, Delhi Technological University’s competent Board of Management subsequently ratified the acceptance of an employee’s resignation. The Supreme Court held that this ratification operated from the original date of the resignation and consequently made the employee’s later withdrawal ineffective. The Court therefore allowed the University’s appeal and set aside the Delhi High Court’s direction requiring reinstatement.