VidhiSangh

Supreme Court of India · 22/02/2022

JAYASHREE versus THE DIRECTOR COLLEGIATE EDUCATION

[2022] 2 S.C.R. 734 · 2022 INSC 218

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An employee appointed against a Scheduled Tribe vacancy challenged termination and recovery after her caste claim was finally rejected. The Court upheld termination: describing the appointment as voidable did not prevent the employer from avoiding it, and another hearing would have been futile once caste ineligibility was final. The recovery rule was wide enough to cover the financial benefits. Nevertheless, exercising Article 142 in the particular circumstances of salary paid for work performed, the Court prohibited recovery while otherwise confirming the High Court order.

Issues

  1. Whether a voidable reserved-category appointment could be terminated after final rejection of caste status.
  2. Whether a separate termination hearing was necessary on these undisputed facts.
  3. Whether recovery was legally authorised and should nevertheless be restrained under Article 142.

Provisions considered

Held

Result

Appeal disposed of. High Court order otherwise confirmed, including termination, but recovery of the amounts sought under the impugned order prohibited in the circumstances. No costs.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 734.