NDLI: Jayashree Vs. The Director Collegiate Education

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Karnataka Scheduled Castes Scheduled Tribes and Other Backward Classes (Reservation of Appointments 1990 etc.) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 – s.4(4) – Respondent-State terminated the services of the appellant on the basis that she was found to be not belonging to the Scheduled Tribe community to which she had applied and was given appointment – Held: s.4(1) of the Act declares that appointment in respect of reserved categories are to be made as provided therein – s.4(4) of the Act provides that appointment made in contravention of s.4(1) is ‘voidable’ – The expression ‘voidable’ in the context and object of the Act and more importantly constitutional value of equality would mean that appointments to the reserved vacancies are meant only for those who are deserving by being members of the said community alone – Under the Rules, an applicant for appointment seeking reservation is expected to make an application for obtaining a validity certificate of his caste certificate – As appellant secured a caste certificate prior to the enactment of the Act, it required validation under r.7 – Thus, appointment of the appellant was clearly tentative and dependent on her producing the proof of her valid certificate – There is no dispute that the aspect of the appellant not belonging to the Scheduled Tribe community had attained finality for the reason that though the appellant challenged the order of the Scrutiny Committee before the Divisional Commissioner, he had affirmed the order and in fact, there was no challenge to these decisions holding that the appellant did not belong to the Scheduled Caste Community – Once it is found that the appellant did not belong to the Scheduled Tribe community, it attracted s.4(4) – The appointment became voidable – Giving an opportunity to the appellant under these circumstances when the finding as regards her not belonging to the Scheduled Tribe became final, would have been a futile exercise – Her continuance in service would deprive a member of the Schedule Tribe Community of an opportunity which was usurped by the appellant – Thus, order of termination was not bad in law – However, interest of justice would require that the amounts sought to be recovered shall not be recovered from the appellant – Service law – Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 – r.7.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2022 INSC 218
Petitioner	Jayashree
Respondent	The Director Collegiate Education
SCR	[2022] 2 S.C.R. 734
Judgement Date	2022-02-22
Case Number	1559

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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Jayashree Vs. The Director Collegiate Education

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