In Absence Of Fraud, Mischief, Misrepresentation, Public Employment Can't Be Terminated, Reiterates Rajasthan High Court
Rajasthan High Court has affirmed that public employment of individuals granted on merit, without any fraud, mischief, misrepresentation or mala fide on part of the employee, could not be terminated only on the ground of revision in the cut off marks that too at a quite belated stage.
The bench of Justice Vinit Kumar Mathur observed that while exercising its powers under Article 226, the Court was also a court of equity, and it was its duty to advance the ends of justice and uproot injustice while exercising that power.
“While granting relief, the High Court is expected to balance equities by passing an appropriate order which justice may demand and equities may project. Courts of equity should go much further, both to give and refuse relief in order to better serve the ends of justice. The granting of relief or withholding it would depend upon considerations of justice, equity and good conscience.”
The Court was hearing two related petitions. Petitioner No. 1 had applied for a post in 2015; however his candidature was rejected owing to a particular criteria. On the other hand, Petitioner No. 2, being last on the merit list of these appointments, were given the employment in 2015.
Subsequently, the criteria based on which Petitioner No. 1 was rejected was challenged before court and while the litigation was pending, the criteria was relaxed. Due to such relaxation, Petitioner No. 1 was recommended for appointment in 2022. Consequently, in light of this new appointment, Petitioner No. 2 being last on the merit list for those appointments, was issued a show cause notice for dismissal of his services.
Against this show cause notice, the coordinate bench of the Court had stayed further proceedings as a result of which Petitioner No. 2 continued to serve on the post and Petitioner No. 1 was not granted the appointment.
Hence, petitions were filed by both the petitioners.
It was argued by the counsel for Petitioner No. 2 that since he was duly selected for the post without any misrepresentation and considering vacancies in the concerned department, he should not be dismissed from service and be allowed to continue on the post.
The counsel for Petitioner No. 1 argued that in light of him being recommended for appointment in 2022, he should be given the appointment.
The Court referred to a coordinate bench decision of the High Cour in the case of Neeraj Kumari Meena v State of Rajasthan & Ors. which ruled that when individuals were duly appointed by the state based on merit, they could not be ousted at a belated stage based on some faulty exercise of the state, in the absence of any misconduct on part of the employees.
Taking into account the case and the additional affidavit filed by the respondent mentioning vacancies for the concerned post allowed both the petitions and stated that,
“To settle the balance of equity in the present case, keeping in mind the fact that the vacancies are available with the respondent-Department, ends of justice will be met if the appointment of petitioner-Jhanwar Ram is protected by continuing him in the service on the post of College Lecturer (Philosophy) and a direction is issued to the respondents for appointment of petitioner-Gauri Shankar Jinger on the post of College Lecturer (Philosophy), whose name has been recommended by the Rajasthan Public Service Commission.”
Accordingly, the petitions were allowed and the show cause notice issued against Petitioner No. 2 was quashed. While directing appointment to Petitioner No. 1, Court also directed to grant all notional benefits to him from the date of appointment of Petitioner No. 2 on the post.
Title: Gauri Shankar Jhinger & Anr. v State of Rajasthan & Ors.
Citation: 2024 LiveLaw (Raj) 247