‘Candidate Can’t Be Punished for Commission’s Mistake’: SC Orders Reinstatement of Jharkhand Teacher

Kumar challenged the high court division bench's judgment of May 14, 2024, which had upheld the judgment and order of April 19, 2023 passed by the single judge, dismissing his writ petition.

It was not disputed that Kumar had been serving in St Teresa Girls Middle School, Dudhani, Dumka, since April 2, 2008, and his appointment was confirmed by the Director, Primary Education on May 27, 2009. The reason for his termination, however, was that his prior experience was gained while working in a 100 percent government-aided minority school, which the State contended did not meet the criteria specified in the advertisement.

A bench comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran acknowledged that a perusal of the advertisement clearly revealed that the 25 percent quota was reserved for teachers working in government elementary schools having the experience of five years, thereby finding substance in the stand taken by the state government.

Having examined the matter, the court pointed out that, strictly speaking, Kumar was not eligible to be considered for the said post. However, in the present case, the Jharkhand Staff Selection Commission not only found Kumar eligible but also the District Education Establishment Committee, in its meeting on October 19, 2019, directed to issue the appointment letter to Kumar. Consequently, an appointment letter was issued to him on October 24, 2019.

Although Kumar was not eligible for the said post, the Jharkhand Staff Selection Commission accepted his application as being in order and, upon finding him suitable, selected him for appointment. Not only did the Jharkhand Staff Selection Commission consider him fit for the post, but the Office of the District Superintendent of Education, Dumka, also issued a ‘No Objection Certificate’. Furthermore, the court noted that the District Education Establishment Committee, Dumka, in its meeting held on October 19, 2019, found him eligible and accordingly directed the issuance of an appointment letter to Kumar.

The court observed that it was only after a year that Kumar’s appointment was cancelled, and an order of recovery was issued against him. "We find that the appellant has been caught in a peculiar situation. Acting on the order of October 24, 2019, he has left his earlier job and now has also been terminated from service in the government secondary school. The appellant cannot be penalised for the mistakes committed by the Jharkhand Staff Selection Commission or the District Education Establishment Committee, Dumka," the bench held.

"In that view of the matter and in the peculiar facts and circumstances of the present case, we are inclined to allow the present appeal," the bench said. The court subsequently quashed the office order of September 7, 2020, directing the cancellation of Kumar's appointment, and the office order of September 12, 2020, directing the recovery of the salary.

The bench directed that Kumar should be reinstated in the government school forthwith. However, it clarified that while Kumar would be reinstated with continuity in service for all purposes, including terminal benefits, he would not be entitled to back wages for the period during which he remained out of employment.

Case Title: Rajesh Kumar vs State of Jharkhand & Ors

Judgment Date: September 16, 2025