Munna Ram v. State of Rajasthan

1. The appellants have been working under the respondent-State pursuant to a selection conducted in the year 2008 as Teacher Grade III (General). The merit list was revised pursuant to an order dated 17.08.2010 passed by the High Court since the High Court found that the marks as awarded by the Selection Committee for one of the questions was not correct. Therefore, the appellants before the High Court were directed to be granted the benefit of the answer to that question. In the process of revision of the merit list, accordingly, the appellants were 2018 INSC 120 sought to be ousted. Their attempt before the High Court was in vain and thus, they are before this Court.

2. Though the learned counsel appearing for the State has made several persuasive submissions, we are of the view, taking note of the fact that there are admittedly several vacancies in the State in the post of Teacher Grade-III (General) and taking further note of the fact that the appellants have been continuing even as on today to work in the same post and taking note of the fact that there are only 18 of them before this Court, this is a fit case for us to invoke our jurisdiction under Article 142 of the Constitution of India and give a quietus to the whole litigation.

3. Accordingly, these appeals are disposed of with a direction to the State to continue the service of the appellants as Teachers Grade III (General), treating them to have been validly selected and appointed with effect from 13.08.2013, the date on which this appeal (by special leave) was filed, for all purposes.

4. We make it clear that this Judgment is passed only in the peculiar facts of this case and the benefit is confined only to the appellants before this Court, since they are the only people who have been continuing litigation before this Court. We also make it clear that in case any such teachers have been pursuing their litigation in the High Court and in case such teachers are continuing on duty, it will be open to the High Court to give a quietus to the litigation by following this Judgment, limiting the benefit only to the appellants before the High Court. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ MOHAN M. SHANTANAGOUDAR ] New Delhi; February 08, 2018. ITEM NO.109 COURT NO.5

SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 7169/2014 MUNNA RAM & ORS. Appellant(s)

VERSUS

STATE OF RAJASTHAN & ORS. Respondent(s) (IA No.124027/2017-PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No.124029/2017-EXEMPTION FROM FILING O.T. FOR ON IA 12/2016high up on board) WITH C.A. No. 7160/2014 (XV) C.A. No. 7694-7696/2014 (XV) Date: 08-02-2018 These matters were called on for hearing today. CORAM: HON'BLE MR.

JUSTICE KURIAN JOSEPH HON'BLE MR.

JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Ms. Aishwarya Bhati, AOR Mr. Jaideep Singh, Adv. Mr. T. Gopal, Adv. Ms. Chitrangda R., Adv. Ms. Wimbie V. T. Sangma, Adv. Mr. Vishwajeet Singh, Adv. For Respondent(s) Mr. Amit Sharma, Adv. Mr. Sandeep Singh, Adv. Mr. Ankit Raj, Adv. Ms. Indira Bhakar, Adv. Ms. Ruchi Kohli, AOR Mr. Dushyant Parashar, Adv. Mr. Surya Kant, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeals are disposed of in terms of the signed non-reportable Judgment. Pending Interlocutory Applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)