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K. MANMADHA RAO
U. Durga Devi – Appellant
Versus
District Educational Officer – Respondent
ORDER :
This writ petition is filed under Article 226 of the Constitution of India for the following relief:-
2. Brief facts of the case are that 3rd respondent has issued DSC-2014 Notification for filling up of various categories of Teacher posts. Out of 746 posts, OC(G), OC(W), SC (General) and SC (Women) were distributed as 151, 84, 52 and 26 respectively. The petitioner herein belongs to SC Community. She was allowed to participate in selection process pursuant to the said Notification through HT No.14499010402109 to the post of SGT. Thereafter, the respondents published the merit list which shows that the petitioner secured 103.16 marks and assigned District Rank 1006 under SC category. Accordingly, she was called for certificates verification
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
Point of Law;Service Law - Changing the criteria after completion of the selection process, when the entire selection was proceeded, was found to be illegal
The termination of an employee must be based on valid grounds and must follow principles of natural justice, and lack of fraud, misrepresentation, or misconduct on the employee's part can render the ....
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
Termination without fraud or misrepresentation, especially after the appointee had served for a considerable period, would cause undue hardship and ruin their careers, making it unsustainable in the ....
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