Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7169 OF 2014
MUNNA RAM & ORS. Appellant(s)
VERSUS
STATE OF RAJASTHAN & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 7160 OF 2014
WITH
CIVIL APPEAL NOs. 7694-7696 OF 2014
J U D G M E N T
KURIAN, J.
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
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.02.17
11:02:20 IST
Reason:
be granted the benefit of the answer to that
question. In the process of revision of the
merit list, accordingly, the appellants were
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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.
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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.
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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.
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Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)