VidhiSangh

Supreme Court of India · 02/08/2022

SATYAJIT KUMAR & ORS. versus THE STATE OF JHARKHAND & ORS.

[2022] 12 S.C.R. 873 · 2022 INSC 785

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Summary

By a 2016 notification under paragraph 5(1) of the Fifth Schedule, Jharkhand reserved all district-cadre Class III and IV posts in 13 Scheduled Districts for local residents of those districts. A teachers' recruitment confined Scheduled District vacancies to local residents. The High Court struck down the notification and quashed the resulting appointments of Trained Graduate Teachers, ordering fresh recruitment. Following Chebrolu Leela Prasad Rao, the Court held that paragraph 5(1) reaches only Acts, not service rules, and is subject to Part III, so 100% residence-based reservation violates Articles 13 and 16(2). Only Parliament may prescribe residence requirements under Articles 16(3) and 35. Under Article 142, the Court moulded relief. Instead of fresh recruitment, the State is to revise the merit list statewide on the existing cut-offs.

Issues

  1. Whether the Governor, under paragraph 5(1) of the Fifth Schedule, could reserve 100% of district-cadre Class III and IV posts in Scheduled Districts for local residents by modifying recruitment rules framed under Article 309.
  2. Whether such reservation violates Articles 13, 14, 16(2), 16(3) and 35 of the Constitution.
  3. Whether appointments already made under the notification should be saved or the High Court's judgment applied prospectively.

Provisions considered

Held

Result

Appeals partly allowed. The High Court's holding that the notification and order are unconstitutional is upheld, but its directions quashing the appointments and ordering fresh recruitment are replaced by a direction to revise the merit list statewide on the published cut-offs; no costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 873.