Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Para 5(1) of Fifth Schedule; Articles 14, 13(2), 15, 16(2), (3), 35(a-i) – Whether in exercise of powers conferred under paragraph 5(1) of the Fifth Schedule to the Constitution, the Governor can make provisions for 100% reservation in the scheduled Areas/Districts – Held: Non-obstante clause contained in para 5(1) of the Fifth Schedule of the Constitution shall be read with respect to power of the Governor to suspend and/or modify the law made by the Parliament despite Articles 244 and 245 of the Constitution of India – It cannot be read as conferring upon the Governor absolute power and/or unfettered power, notwithstanding the provisions contained in Part III of the Constitution – In the present case, the impugned Order/ Notification providing 100% reservation for the local residents of concerned Scheduled Districts/ Areas is beyond the scope and ambit of powers conferred upon the Governor u/para 5(1) of the Fifth Schedule of the Constitution – 100% reservation is violative of Art. 16(2) affecting rights of the other candidates/citizens of nonscheduled areas/Districts guaranteed under Part III of the Constitution of India – No error committed by High Court in holding the impugned Notification as unconstitutional and ultra vires to paragraph 5(1) of the Fifth Schedule and also Articles 14, 13(2), 15 and 16(2) – It is also violative of Articles 16(3) and 35(a-i) – However, on facts, instead of fresh/de novo recruitment process by setting aside the appointments already made in the Scheduled Districts/Areas, the State shall revise the merit list based on the already published cut off obtained by the last selected candidates in each TGT subject against the respective categories with respect to entire State – Respective candidates belonging to the non-scheduled Areas and Scheduled Areas (Districts) be adjusted accordingly on the basis of individual merit of the candidates – Jharkhand Government (Recruitment of Teachers and Non-Teaching Staff in Secondary Schools & their Service and Condition) Rules, 2015 – Service Law – Constitution of India – Article 142.Constitution of India – Para 5(1) of Fifth Schedule; Article 309 – Jharkhand Government (Recruitment of Teachers and Non-teaching Staff in Secondary Schools & their Service and Condition) Rules, 2015 – Whether in exercise of powers under paragraph 5(1) of the Fifth Schedule to the Constitution, the Governor has the power to modify the relevant Recruitment Rules framed u/Article 309 – Held: Exercise of powers by the Governor under para 5(1) of the Fifth Schedule of the Constitution of India modifying Recruitment Rules, 2015 which are framed u/Article which can be said to be subordinate legislation and cannot be said to be an Act or the Law made by the Parliament and / or State Legislature is beyond the scope and ambit of Governor’s power under para 5(1) of the Fifth Schedule of the Constitution of India. Constitution of India – Para 5(1) of Fifth Schedule – Powers conferred upon the Governor – Exercise of – Scope and ambit of – Discussed.Constitution of India – Para 5 of Fifth Schedule, an exception – Held: Law made by the Parliament is supreme and shall prevail and every State/State Legislature is bound by the law made by the Parliament – However, paragraph 5 of the Fifth Schedule to the Constitution of India is an exception – Notwithstanding the aforesaid provisions, giving supremacy to the law made by the Parliament, the Governor may direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification – Thus, the expression “notwithstanding anything in this Constitution” is related to the Constitutional provisions regarding the supremacy of the law made by the Parliament or State Legislature.Service Law– Illegal and irregular appointment appointments – Distinction between – Held: There is a distinction between illegal and irregular appointment and the former cannot be regularized. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 785 |
Petitioner | Satyajit Kumar & Ors. |
Respondent | The State Of Jharkhand & Ors. |
SCR | [2022] 12 S.C.R. 873 |
Judgement Date | 2022-08-02 |
Case Number | 4038 |
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