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The State of Odisha v. Arati Mohapatra

Civil Appeal · 2021 INSC 550Decided 27 Sept 2021
Civil Appeal Nos. 5963-5964 of 2021
Justice M.R. Shah · Justice A.S. Bopanna

Background

The respondent was initially appointed as an Assistant Teacher in Odisha in 1997 under a selection list that recorded her as having scored 114.80 marks. After unsuccessful candidates alleged irregularities, the State Administrative Tribunal ordered a fresh, re-worked select list, under which the respondent's marks were recalculated at 109.86, below the cut-off, and she was terminated in 2006. The Odisha High Court later relied on the original 1997 list (obtained by the respondent through an RTI request) to direct that she be treated as having scored 114.80 marks and reinstated in the selection process.

Decision Breakdown

The Supreme Court held that the High Court erred in relying on the original 1997 select list, because that list had already been set aside by the Tribunal for irregularities and replaced by a properly re-verified select list. Information obtained under the RTI Act about a superseded document could not revive its legal effect. The re-selection list showing the respondent's correct marks as 109.86 (verified through the actual viva-voce and academic scores) was the only legally operative list, and since 109.86 was below the last selected candidate's 111.53 marks, the respondent was not entitled to appointment. The Court set aside the High Court's orders and allowed the State's appeal.

Lesson Learnt

A government record obtained through an RTI request reflects historical paperwork, not necessarily a currently valid or legally binding decision: if that document was itself superseded or annulled by a competent authority, it cannot be used to claim rights based on its contents.

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

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