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Ajoy Debbarma & Ors. v. State of Tripura & Ors.

Civil Appeal · 2020 INSC 480Decided 5 Aug 2020
Civil Appeal No. 2868 of 2020
Justice Uday Umesh Lalit · Justice Vineet Saran

Background

Between 2002 and 2009, the Government of Tripura selected 10,323 teachers through a recruitment process. The Tripura High Court later found this entire selection arbitrary, illegal, and tainted by nepotism and favouritism, holding it violated the National Council for Teacher Education Act, 1993, and struck it down. The affected teachers, whose services were initially protected only until 31.12.2017, kept getting that protection extended, but the State eventually terminated their services; the State offered them age relaxation to reapply for fresh selection (extended up to 31.03.2023) and some alternate employment, which the teachers argued was inadequate given years of past service. The teachers appealed to the Supreme Court seeking greater relief.

Decision Breakdown

The Supreme Court noted that the illegality of the original selection had already been conclusively settled in an earlier connected case (Tanmoy Nath), and that the State had duly complied with the resulting directions by extending age relaxation for fresh selection up to 31.03.2023. The Court held that since the very foundation of the original appointments was illegal, no further advantage beyond age relaxation and the alternate employment already offered could be granted to the affected candidates, doing so would effectively reward an admittedly invalid selection. It rejected arguments that the relief was inadequate, noting the State's gesture of alternate employment was additional solace, not a degradation, and that affected individuals remained free to compete afresh within the extended window. The appeals, along with a related miscellaneous application, were accordingly dismissed with no order as to costs.

Lesson Learnt

When an entire recruitment process is judicially found to be illegal and arbitrary, courts will not use equitable relief to effectively restore benefits of that illegal selection: the practical remedy for affected candidates is a fair chance to compete again, not reinstatement of a tainted appointment.

Official source (sci.gov.in)View Judgment (PDF)

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