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Jyotsna Devi vs The State of Assam & Ors.

Not available · 2025 INSC 1156Decided 25 Sept 2025
Not available
Justice Ahsanuddin Amanullah · Justice S.V.N. Bhatti

Background

Following a 2006 advertisement for a Lecturer post in History at an aided college in Assam, both the appellant Jyotsna Devi and Respondent No. 5 applied and competed in the selection process. The Governing Body of the college, finding the appellant comparatively more meritorious and suitable, selected her and forwarded the resolution for government approval. A dispute later arose over the legality of this selection and the subsequent approval process, leading to litigation before the Gauhati High Court, including a Writ Appeal decided in 2012 and a Review Petition decided in 2023, both of which went against the appellant, resulting in her being effectively displaced despite her initial selection.

Decision Breakdown

The Supreme Court examined the applicable service rules and found that the High Court's application of Rule 19(iv) of the 2003 Rules to set aside the appellant's approval and appointment was illegal in the facts of the case, agreeing instead with the view earlier taken by the learned Single Judge in the appellant's favour. The Court set aside both the 2012 Division Bench order and the 2023 review order. However, since Respondent No. 5 had in the meantime been working as a Lecturer for a long period, the Court protected her continuing service and did not disturb it. The Court directed the State authorities to reinstate the appellant within four weeks, treat the break in service as condoned for purposes of continuity, but without back wages for the period she was kept out.

Lesson Learnt

In long-drawn service disputes, courts try to balance correcting an illegal displacement of a rightfully selected candidate against the settled reality of a third party who has meanwhile rendered years of service, often resulting in reinstatement with continuity of service but without back pay, rather than disturbing the other party's ongoing employment.

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

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