JAYASHREE VERSUS THE DIRECTOR COLLEGIATE EDUCATION

COURT: The Supreme Court of India

CORAM: Justice K.M. Joseph and Hrishikesh Roy

DATE OF JUDGMENT: 22 February 2022

FACTS

The respondent terminated the services of the appellant on the grounds that she did not belong to the Scheduled Tribe community which she claimed during the appointment. The High court gave its accent to the termination and ordered the appellant to pay the amount which she received during the period of her service.

ISSUE RAISED

Whether the termination was valid?

Whether the appellant is required to pay the whole sum she has earned as a result of her appointment?

JUDGEMENT

The Supreme Court observed that “the appointments to the reserved vacancies are meant only for those who are deserving by being members of reserved community alone.” Since the appellant didn’t belong to the reserved category, the termination is valid. Answering the question that the appellant wasn’t provided an opportunity per the principles of natural justice, the court said that the exception of the principle would apply in the instant case. It would be entirely futile to provide an opportunity to the appellant as the appellant’s certificate did not show that she belonged to the ST community.

While answering the second question, the SC said that the appellant had been paid a salary for the number of days she had worked, no less, no more. Therefore, SC ordered not to recover the same in the interest of justice.