2009 Supreme(SC) 209

2009(2) Supreme 271
SUPREME COURT OF INDIA
Tarun Chatterjee and H.L. Dattu, JJ.
D.M. Premkumari — Appellant
versus
The Divisional Commissioner, Mysore Division and Ors. — Respondents
Civil Appeal No. 806 of 2009
(Arising out of SLP(C) No. 7092 of 2006)
Decided on : 09-02-2009

Headnote:Constitution of India, 1950 – Article 15(4) – Appellant belonging to “Telugu Shetty Community” claimed reservation under category ‘B’ as provided under Classification Order passed by Government of Karnataka for purposes of Backward Class Citizens – Selection and appointment of appellant under the said category as Primary School teacher by the Deputy Director of Public Instructions, Mysore – District Caste Verification Committee on verification of caste and income certificate held that ‘Telugu Balija’ caste had been transferred to Group ‘D’ category and as appellant had sought reservation in Group ‘B’ category, she would not be entitled to retain the post of Primary School Teacher as a person belonging to Group ‘B’ category – Appeal – Dismissed by Divisional Commissioner, Mysore – Writ Petition thereagainst – Allowed by High Court – Writ Appeal –Allowed by Appellate Forum – Appeal – District Caste Verification Committee, which was asked to verify appellant’s claim, was justified in informing appointing authorities that, strictly going by the Government’s orders issued in 1986, appellant could not have claimed any reservation under Group ‘B’ category – No fault could be found with their understanding of Government Order – However, Single Judge, may be taking a very sympathetic view of the matter, had come to the rescue of a poor primary school teacher – No fault could be found with orders passed by High Court also – This Court, while entertaining the special leave petition, had granted the status-quo order. – By virtue of that order, appellant continued to work as a primary school teacher – At this stage, if appointment of the appellant was struck down and if she was now asked to seek employment elsewhere, it would cause great hardship and injustice, for the reason by now she must have crossed the upper age limit for seeking public employment and she may not get any employment anywhere – In view of peculiar facts and circumstances of case, appeal disposed of without going into merits of case – Direction given to respondents, not to dislodge appellant from the post of primary school teacher. (Paras 10 to 17)

       Facts of the Case :

       1.Appellant belonging to “Telugu Shetty Community” claimed reservation under category `B’ as provided under Classification Order passed by Government of Karnataka for purposes of Backward Class Citizens herein in the instant case. Appellant was selected and appointed under the said category as Primary School teacher by the Deputy Director of Public Instructions, Mysore.District Caste Verification Committee on verification of caste and income certificate held that ‘Telugu Balija’ caste had been transferred to Group ‘D’ category and as appellant had sought reservation in Group ‘B’ category, she would not be entitled to retain the post of Primary School Teacher as a person belonging to Group ‘B’ category. Appeal thereagainst was dismissed by Divisional Commissioner, Mysore. Writ Petition thereagainst was however allowed by High Court. The State, being aggrieved by the orders passed by Single Judge, had preferred Writ Appeal. The Appellate Forum had allowed the State’s appeal and, thereby, had set aside the orders passed by Single Judge.

       2.Present appeal has been filed against said order of Appellate Forum.

       Findings of the Court :

       District Caste Verification Committee, which was asked to verify appellant’s claim, was justified in informing appointing authorities that, strictly going by the Government’s orders issued in 1986, appellant could not have claimed any reservation under Group ‘B’ category. No fault could be found with their understanding of Government Order. At this stage, if appointment of the appellant was struck down and if she was now asked to seek employment elsewhere, it would cause great hardship and injustice, for the reason by now she must have crossed the upper age limit for seeking public employment and she may not get any employment anywhere. In view of peculiar facts and circumstances of case, appeal disposed of without going into merits of case. Direction was given to respondents, not to dislodge appellant from the post of primary school teacher.

       Result : Appeal disposed of.