SC Grants Interim Relief Against Displacement To Govt. Teacher Appointments in Scheduled Districts In Jharkhand [Read Order]
Live Law"In the meantime, those teachers, who are working in the scheduled District shall continue to work and shall not be displaced in pursuance of the impugned judgment of the High Court. On a plain reading of the impugned notification and order, the High Court bench found that the Governor of Jharkhand has directed that the provisions regarding "eligibility of the appointment" mentioned in the various appointment rules as framed by the State Government under Article 309 of the Constitution of India, for the appointment to district cadre posts shall be deemed to be modified to the extent that cent-percent Class-III and Class-IV posts in various department in the 13 scheduled districts have been reserved for the residents of the concerned districts only. "We are also bound by the conclusion of the Hon'ble Apex Court in Chebrolu Leela Prasad Rao's case, that the Governor in exercise of powers under Paragraph 5 Schedule V of the Constitution, can exercise the powers concerning any particular Act of the Parliament or the Legislature of the State, directing that such law shall not apply to the scheduled areas or any part thereof, or shall apply subject to any exceptions and modifications, but by that, a new law cannot be framed by the Governor of the State. "We also find that by the impugned notification issued by the Governor of the State, 100% reservation has been provided in favour of the residents of the scheduled districts, totally ignoring the fundamental rights of the citizens residing out of the scheduled districts, and as held by the Hon'ble Apex Court, such reservation is not permissible under the Constitution, as the outer limit is 50%, as specified in Indra Sawhney's case", concluded the bench. Thereafter, the State of Andhra Pradesh came out with yet another illegal notification dated 10.1.2000, which was held ultra vires by the Hon'ble Apex Court in Chebrolu Leela Prasad Rao's case.