Supreme Court - Daily Orders
The State Of Rajasthan vs Gomi on 14 February, 2024
Bench: Abhay S. Oka, Pankaj Mithal
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 6559 OF 2023
THE STATE OF RAJASTHAN & ORS. .…..APPELLANT(S)
VERSUS
GOMI …..RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). 6560 OF 2023
WITH
CIVIL APPEAL NO(S). 2626 OF 2024
(@ SPECIAL LEAVE PETITION(C) NO(S). 24269 OF 2023)
WITH
CIVIL APPEAL NO(S). 2627 OF 2024
(@ SPECIAL LEAVE PETITION(C) NO(S). 24270 OF 2023)
WITH
CIVIL APPEAL NO(S). 2646 OF 2024
(@ SPECIAL LEAVE PETITION(C) NO(S). 11496 OF 2023)
WITH
CIVIL APPEAL NO(S). 2628 OF 2024
(@ SPECIAL LEAVE PETITION(C) NO(S). 3930 OF 2024)
ORDER
CIVIL APPEAL NO(S). 2646 OF 2024 @ SLP(C) NO(S). 11496 OF 2023
1. Leave granted.
2. A limited notice was issued on 15.05.2023 by passing the following order: -
“Delay condoned.
Mr. Saurabh Ajay Gupta, learned counsel appears for Signature Not Verified Digitally signed by the institution-Jamia Urdu Aligarh. The institution Anita Malhotra Date: 2024.02.28 16:57:02 IST is impleaded as respondent No.3 in this special Reason: leave petition.
Notice is issued limited to the question whether the other benefits of appointment with retrospective effect can also be granted to the 2 respondents or not.
In other words, notice is not issued with respect to the first portion of the impugned order where there is a direction to the petitioners to consider the case of the respondents for appointment.”
3. Pursuant to the service of notice, none appears for the first respondent.
4. We have perused the operative part of the impugned judgment. The operative part clearly specifies that in the event, the first respondent is appointed, she will not be entitled to back wages for the past period, and she will have the benefit of seniority for the past period from the date the person below her in the merit list was appointed. Therefore, monetary benefits with retrospective effect were not granted to the first respondent. Hence, there is no reason to interfere with the impugned order, and the appeal is, accordingly, dismissed.
5. We, however, make it clear that we have examined the merits of the appeal only in the context of the limited notice issued by an order dated 15.05.2023. We also make it clear that in the peculiar facts of the case and in the light of the qualification possessed by the first respondent, we have not entertained this appeal. This order will have no bearing on the merits of the connected appeals.
6. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NO(S). 6559 OF 2023
1. The respondent is the writ petitioner before the learned Single Judge of the High Court. The respondent desired to apply for the post of Female Health Worker in the non-scheduled area on the basis of the advertisement dated 18.06.2018. 3
2. The writ petition was filed on 20.08.2018 by the first respondent before the learned Single Judge of the High Court. It is apparent from the prayers made in the petition that even the application form of the respondent was not accepted. Therefore, the following were the prayers in the writ petition, which read thus: -
“(i) by an appropriate writ, order or direction, the respondents may kindly be directed to treat the qualification of Adeeb, Jamia Urdu, Aligarh (Annexure-
1) possessed by the petitioner equivalent to the qualification of Secondary Examination from Board of Secondary Education, Ajmer and be directed to accept the application form of the petitioner and she may be allowed to participate in the selection process of Health Worker (Female) in pursuance of the advertisement dated 18.06.2018.
(ii) by an appropriate writ, order or direction, the respondents may kindly be directed to provide appointment to the petitioner on the post of Women Health Worker in pursuant to the advertisement dated 18.06.2018 (Annexure-4) with all consequential benefits while treating the qualification of Adedb, Jamia Urdu, Aligarh equivalent to the qualification of Secondary Examination from Board of Secondary Education, Ajmer.”
3. The learned Single Judge, by the judgment and order dated 20.08.2018, dismissed the petition. We find from the order of the learned Single Judge that he has not gone into the question whether the appellants were under an obligation to accept the application form of the respondent and whether the respondent was eligible in terms of the qualification mentioned in the advertisement. Only by referring earlier decision of the same Court in the case of Anand Badan, the learned Judge dismissed the petition. The impugned order has been passed in an appeal preferred by the respondent before the Division Bench. Again, there is no consideration of the merits of the case of the respondent. Based on a decision in the case of the 4 State of Rajasthan and Ors. Vs. Firdos Tarannum and Anr. in Civil Special Appeal No. 521 of 2005 decided on 12.01.2022, the appeal was disposed of by directing the appellants to offer an appointment to the respondent. Even against said decision dated 12.01.2022, in the case of Firdos Tarannum(supra), the State of Rajasthan filed C.A. No. 2646 of 2024 in SLP(C) No. 11496 of 2023, which is dismissed today by a separate order. We find in that case, the applicant possessed STC qualification of a recognition institution as mentioned in the advertisement. Moreover, that was a case of appointment to the post of Urdu Teacher, and that was not a case where even an application made pursuant to the advertisement was not accepted.
4. The learned counsel appearing for the respondent tried to submit that in terms of the interim order passed by the learned Single Judge, the respondent was allowed to participate in the selection process, and the respondent’s name was included in the merit list.
5. It is well settled that the interim order merges with the final order. Neither the learned Single nor the Division Bench has held any adjudication, firstly, on the question of whether the concerned authorities wrongfully denied the opportunity the respondent to file an application form and whether the respondent was eligible in terms of the advertisement.
6. As noted earlier, on facts, the case of Firdos Tarannum(supra) was different. In the present case, there was an initial hurdle in the way of the respondent that her form was not accepted. 5
7. In the absence of any adjudication made both by the learned Single Judge and the Division Bench, we have no option but to remand the writ petition to the learned Single Judge. The reason is that for the first time in this appeal, we cannot make an adjudication on several factual aspects. The other reason is that if there is a proper adjudication made by the learned Single Judge, a remedy of appeal before the Division Bench will be available to the aggrieved parties.
8. We, therefore, set aside both the impugned orders dated 02.02.2022 and 20.07.2018 and restore the S.B.C.W.P. No. 10748 of 2018 before the learned Single Judge of the High Court of Rajasthan at Jodhpur.
9. We direct the Registrar (Judicial) of the said High Court to place the said writ petition before the roster Bench on 04.03.2024 at 10:30 a.m. in the morning. We also direct the parties to this appeal to remain present before the learned Single Judge on that day so that the learned Single Judge can fix a schedule for the final hearing of the writ petition.
10. Considering the issue is of the grant of employment, we request the learned Single Judge to give the necessary priority to the hearing of the writ petition.
11. The appeal is partly allowed on the above terms.
12. However, we make it clear that all issues are left open to be decided by the learned Single Judge of the High Court.
13. If there are vacant seats in the posts to which the respondent 6 intended to apply, we hope and trust that the State will not be in a hurry to fill in those seats. Even if the State makes any appointment notwithstanding the observations made above, while issuing an order of appointment, the State Government will make it very clear that the appointment will be subject to the outcome of the pending writ petitions, which are remitted back to the High Court.
14. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NO(S). 6560 OF 2023
1. On facts, this case is similar to the case in Civil Appeal No. 6559 of 2023 passed today and for reasons recorded in the said case, we dispose of the appeal on the same terms.
2. We, therefore, set aside both the impugned orders dated 02.02.2022 and 11.10.2021 and restore the S.B.C.W.P. No. 1607 of 2020 before the learned Single Judge of the High Court of Rajasthan at Jodhpur.
3. We direct the Registrar (Judicial) of the said High Court to place the said writ petition before the roster Bench on 04.03.2024 at 10:30 a.m. in the morning. We also direct the parties to this appeal to remain present before the learned Single Judge on that day so that the learned Single Judge can fix a schedule for the final hearing of the writ petition.
4. Considering the issue is of the grant of employment, we 7 request the learned Single Judge to give the necessary priority to the hearing of the writ petition.
5. The appeal is partly allowed on the above terms.
6. However, we make it clear that all issues are left open to be decided by the learned Single Judge of the High Court.
7. If there are vacant seats in the posts to which the respondent intended to apply, we hope and trust that the State will not be in a hurry to fill those seats. Even if the State makes any appointment notwithstanding the observations made above, while issuing an order of appointment, the State Government will make it very clear that the appointment will be subject to the outcome of the pending writ petitions, which are remitted back to the High Court.
8. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NO(S). 2626 OF 2024 @ SLP(C) NO(S). 24269 OF 2023
1. Leave granted.
2. None appears for the parties.
3. For the reasons recorded in Civil Appeal No. 2646 of 2024, the appeal is dismissed subject to what is observed in paragraph ‘5’ of the said order.
4. Pending application(s), if any, shall stand disposed of. 8 CIVIL APPEAL NO(S). 2627 OF 2024 @ SLP(C) NO(S). 24270 OF 2023
1. Leave granted.
2. For the reasons recorded in Civil Appeal No. 2646 of 2024, the appeal is dismissed subject to what is observed in paragraph ‘5’ of the said order.
3. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NO(S). 2628 OF 2024 @ SLP(C) NO(S). 3930 OF 2024
1. Leave granted.
2. On the first call, the learned counsel appearing for the appellants was present. The learned counsel appearing for respondent No. 1 stated that the arguing counsel would appear through virtual mode, but he was not audible.
3. On the second call, none appears for the parties.
4. Controversy is identical to the Civil Appeal No. 6559 of 2023. Hence, for the reasons recorded in the said appeal, we will have to pass an order of remand.
5. We, therefore, set aside both the impugned orders dated 21.02.2022 and 16.12.1015 and restore the S.B.C.W.P. No. 1425 of 2015 before the learned Single Judge of the High Court of Rajasthan at Jodhpur.
6. We direct the Registrar (Judicial) of the said High Court to place the said writ petition before the roster Bench on 04.03.2024 at 10:30 a.m. in the morning. We also direct the parties to this appeal to remain present before the learned Single Judge on that 9 day so that the learned Single Judge can fix a schedule for the final hearing of the writ petition.
7. Considering the issue is of the grant of employment, we request the learned Single Judge to give the necessary priority to the hearing of the writ petition.
8. The appeal is partly allowed on the above terms.
9. However, we make it clear that all issues are left open to be decided by the learned Single Judge of the High Court.
10. If there are vacant seats in the posts to which the respondents intended to apply, we hope and trust that the State will not be in a hurry to fill those seats. Even if the State makes any appointment notwithstanding the observations made above, while issuing an order of appointment, the State Government will make it very clear that the appointment is subject to the outcome of the pending writ petitions, which are remitted back to the High Court.
11. Pending application(s), if any, shall stand disposed of.
…………………………………………J. [ABHAY S. OKA] …………………………………………J. [PANKAJ MITHAL] NEW DELHI;
FEBRUARY 14, 2024.
10
ITEM NOS. 301+ 307 COURT NO.7 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). 6559/2023
THE STATE OF RAJASTHAN & ORS. Appellant(s)
VERSUS
GOMI Respondent(s)
([PART-HEARD BY : HON'BLE ABHAY S. OKA AND HON'BLE PANKAJ MITHAL, JJ. ] IA No. 150063/2023 - CLARIFICATION/DIRECTION IA No. 193138/2023 - EXEMPTION FROM FILING O.T. IA No. 31891/2023 - EXEMPTION FROM FILING O.T. IA No. 160960/2023 - EXEMPTION FROM FILING O.T. IA No. 150065/2023 - EXEMPTION FROM FILING O.T. IA No. 134731/2023 - EXEMPTION FROM FILING O.T. IA No. 126440/2023 - INTERVENTION/IMPLEADMENT IA No. 193135/2023 - INTERVENTION/IMPLEADMENT IA No. 160959/2023 - INTERVENTION/IMPLEADMENT IA No. 31892/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH C.A. No. 6560/2023 (XV) (FOR EXEMPTION FROM FILING O.T. ON IA 37724/2023 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 37725/2023 FOR EXEMPTION FROM FILING O.T. ON IA 142607/2023 IA No. 142607/2023 - EXEMPTION FROM FILING O.T. IA No. 37724/2023 - EXEMPTION FROM FILING O.T. IA No. 37725/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 24269/2023 (XV) (FOR ADMISSION and I.R. and IA No.206176/2023-CONDONATION OF DELAY IN FILING and IA No.206178/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.206179/2023-EXEMPTION FROM FILING O.T. and IA No.206177/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) SLP(C) No. 24270/2023 (XV) (FOR ADMISSION and I.R. and IA No.213687/2023-CONDONATION OF DELAY IN FILING and IA No.213690/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.213691/2023-EXEMPTION FROM FILING O.T. and IA No.213688/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.213689/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) 11 SLP(C) No. 11496/2023 (XV) SLP(C) No. 3930/2024 (XV) (([ TO BE TAKEN UP ALONG WITH ITEM NO. 301 I.E. C.A. NO. 6559/2023 ] FOR ADMISSION and I.R. and IA No.25710/2024-CONDONATION OF DELAY IN FILING and IA No.25713/2024-EXEMPTION FROM FILING O.T. and IA No.25711/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS Date : 14-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Parties Dr. Manish Singhvi, Sr. Adv. (Arguing Counsel) Ms. Shubhangi Agarwal, Adv.
Mr. Rohan S. Darade, Adv.
Mr. Anand Shankar, AOR Mr. D. K. Devesh, AOR Mr. Vishal Meghwal, Adv.
Ms. Yashika Bum, Adv.
Mr. Vidhan Vyas, Adv.
Mr. Milind Kumar, AOR Mr. Syed Haider Shah, Adv.
Mr. R.N. Mathur, Sr. Adv. (Arguing Counsel) Mr. Himanshu Jain, Adv.
Mr. Sandeep Malik, Adv.
Mr. Sushil Kumar Singh, Adv.
Mr. Ajay Kumar Singh Yadav, Adv.
Mr. Inderjeet Singh, Adv.
Mr. Subhash Siyag, Adv.
Mr. Gourav Kumar, Adv.
Mr. Pranav Kumar, AOR Mr. Sanjay R. Hegde, Sr. Adv.
Mr. Nishant Bishnoi, AOR Ms. Srishti Prabhakar, Adv.
Mr. Ankit Tiwari, Adv.
Mr. Amjad Khan, Adv.
Mr. Sanjay R. Hegde, Sr. Adv.
Mr. Ankit Tiwari, Adv.
Mr. Saurabh Ajay Gupta, AOR Mr. Sanjay R. Hegde, Sr. Adv.
Mr. Nishant Bishnoi, AOR Ms. Srishti Prabhakar, Adv.
Mr. Amjad Khan, Adv.
Mr. Ankit Tiwari, Adv.
Dr. P. N. Mishra, Adv.
12Mrs. Hardeep Mishra, Adv.
Mr. Harbhajan Singh Sidhu, Adv.
Mr. Praveen Mishra, Adv.
Ms. Priya Gaur, Adv.
Ms. Sandhya Pandey, Adv.
Mr. Anjani Kumar Mishra, AOR UPON hearing the counsel the Court made the following O R D E R In C.A. Nos. 6559/2023, 6560/2023 & C.A. No. 2628/2024@ SLP(C) No. 3930/2024 The appeals are partly allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. In C.A. No. 2646/2024 @ SLP(C) No. 11496/2023, C.A. No. 2626/2024 @ SLP(C) No. 24269/2023 & C.A. No. 2627/2024 @ SLP(C) No. 24270/2023 The appeals are dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)