Jharkhand HC quashes appointment of over 2,400 Trained Graduate Teachers who were appointed following 100% residential reservation

The Jharkhand High Court on Monday quashed the appointment of over 2,400 trained Graduate Teachers in Government Secondary schools of scheduled districts in the State, made pursuant to an advertisement published in 2016..The High Court found that the challenged appointment notification, issued by the Governor of the State, had granted 100% reservation in favour of the residents of the scheduled districts, while totally ignoring the fundamental rights of citizens residing out of the scheduled districts..It was added that such reservation was not permissible under the Constitution, as the outer limit was 50%, as specified in Indra Sawhney's case..A Bench of Chief Justice HC Mishra and Justices Shree Chandrashekhar and Deepak Roshan remarked ,."This “sons of the soil” policies prescribing reservation or preference based on domicile or residence has already been decried by the Apex Court in Dr. Pradeep Jain’s case (supra), holding that Parliament alone has been given the right to enact an exception to the ban on discrimination based on residence."Jharkhand High Court.The main grievance of the petitioners was that they could not be appointed in the schools situated in 13 scheduled districts in the State of Jharkhand because they were not the residents of the scheduled districts..Hence, the petitioners challenged the Constitutional validity of the appointment notification and order issued by the State Government, wherein only the local residents of the 13 scheduled districts of the State were made eligible for appointment on the District Cadre Class-III and Class-IV posts for a period of ten years from the date of issuance of the notification..The Court rejected the submissions made by Advocate General Ajit Kumar and other counsels for the respondents that the notification was issued for protecting the interests of the residents in the scheduled districts, to overcome the factors of low human development indices, backwardness, poverty etc., and to secure socio-economic and political justice..The challenged notifications and the ensuing advertisement were found to be unsustainable in the eyes of law and were held ultra vires Articles 14, 13(2), 15 and 16 of the Constitution of India..The notification and appointments were also found to be violative of Articles 16(3) and 35(a-i) of the Constitution of India, as such power was vested only in the Parliament and not in the State Legislatures..Consequently, paragraph 5(iii) of the challenged Advertisement published on December 28, 2016, containing the stipulation that only local residents from the scheduled districts could apply to the vacant posts of Trained Graduate Teacher in those districts, was quashed..While answering the question about the appointments already made for the candidates belonging to the scheduled districts, the Court opined that these appointments could not be sustained either,."The local residents of the scheduled districts have been appointed only in the month of July, 2019 and they are working since then. Their appointments are fresh appointments and indeed, in teeth of Articles 14 and 16 of the Constitution of India. Such appointments cannot be protected in law."Jharkhand High Court.The Court was unconvinced by the reliance placed on the case of Chebrolu Leela Prasad Rao by the respondent. .The Court pointed out that in Rao's case, the candidates had been working for about 30 years. It was in such a peculiar circumstance that their appointments were saved with the condition that the States of Andhra Pradesh and Telangana should not attempt a similar exercise in future..As far as the case before it was concerned, the Jharkhand High Court said, ."We cannot be a mute spectator to such illegal actions of the State Government and any such attempt by the State Government has to be stalled at its very inception. Such appointments, ignoring the rights of more meritorious candidates, only on the basis of residence, were absolutely illegal and unconstitutional from its very inception and have to be quashed."Jharkhand High Court.2,410 teachers, whose appointment has now been quashed, were direct parties to the case, as respondents or intervenors..The Court clarified that even those appointees who may not have been parties to the case shall be treated to be represented in a representative capacity by the respondents and the intervenors. Even their appointments stand quashed, the Court said. .Having quashed the appointments, the Court directed that all the 8,423 posts of Trained Graduate Teacher in the Government Secondary Schools of the scheduled districts, and analogous matters of the State of Jharkhand, be advertised afresh and fresh selection process be undertaken in accordance with law..The High court further clarified that all candidates who were eligible to apply as per the previous Advertisement were entitled to apply in the fresh selection process as well, irrespective of any barrier, if any, as to their age..Read the Judgment here.