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Service & Administrative LawSupreme Court of India

Smt. Archana Rathore and Ors. v. State of Madhya Pradesh and Ors.

Civil Appeal · 2018 INSC 890Decided 26 Sept 2018
Civil Appeal No. 10008 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellants (teachers) had challenged an amendment the State of Madhya Pradesh had introduced to the M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982; the High Court had upheld the amendment's validity. While their appeal was pending before the Supreme Court, the State introduced two further amendments to the same rules, in 2016 and 2018, with the 2016 amendment itself already under challenge before the High Court.

Decision Breakdown

The Court observed that even if it allowed these appeals and struck down the original (1982-era) amendment, the appellants would still get no real benefit, because the subsequent 2016 and 2018 amendments would continue to stand in their way. Counsel for the appellants conceded they would need to be able to attack the basis of the original impugned order in their fresh challenge to the newer rules. The State's counsel agreed the appellants could raise all available contentions, including about the amendment process itself, in that fresh challenge, unaffected by the findings in the order under appeal. The Court therefore disposed of the appeals with liberty to the appellants to raise all contentions afresh before the High Court in the pending challenge to the newer rules, directing that the High Court decide that challenge uninfluenced by the earlier findings, and separately permitted any affected teacher who had missed a competitive exam due to an age bar (because of the pendency of this litigation) to apply for age relaxation.

Lesson Learnt

When a law or rule under challenge has already been superseded by later amendments during the course of litigation, courts will often dispose of the old challenge as having become academic, while expressly preserving the litigant's right to raise the same or related arguments afresh against the newer version of the rule, rather than leaving them without any practical remedy.

Smt. Archana Rathore and Ors. v. State of Madhya Pradesh and Ors. – Legal Case Shots | LegalAware