VidhiSangh

Supreme Court of India · 10/05/2022

RESHMA SULTANA versus THE STATE OF KARNATAKA & ORS.

[2022] 3 S.C.R. 184 · 2022 INSC 548

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Summary

An Urdu teacher at a Hubli college run by Anjuman-E-Islam Education Board applied for the post of Urdu Lecturer; the management postponed the appointment pending a subject expert's opinion but in 2009 appointed the appellant, approved by the Commissioner of Collegiate Education in 2010. On the teacher's writ petition a Single Judge of the Karnataka High Court found the selection vitiated by fraud and manipulation of records, quashed the appellant's appointment and directed the management to forward proposals for appointing the writ petitioner; the Division Bench affirmed. The Supreme Court partly allowed the appeal: the quashing stands, but a court that finds a selection vitiated by fraud cannot direct appointment of another candidate from the same process who was neither recommended by the committee nor approved by the competent authority; a fresh selection must be held.

Issues

  1. Whether the High Court, having quashed an appointment because the selection process was vitiated by fraud and manipulation of records, could direct that the writ petitioner, who was neither recommended by the selection committee nor approved by the competent authority in that process, be considered for appointment to the post.

Provisions considered

Held

Result

Appeal partly allowed; the Karnataka High Court's judgments quashing the appellant's appointment as Urdu Lecturer confirmed, but the Single Judge's direction, undisturbed by the Division Bench in W.A. No. 100066 of 2020 (judgment dated 24.09.2020), to forward documents and proposals for appointing respondent No. 10 as full-time Urdu Lecturer quashed; a fresh selection to be initiated under the supervision of the Commissioner of Collegiate Education, preferably within three months. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 184.