A full Bench of the High Court comprising Justices HC Mishra, Deepak Roshan and S Chandrashekhar on Monday scrapped an advertisement for appointment of high school teachers floated by the State Government in 2016 in 13 scheduled districts of Jharkhand.
The judgment will render around 5,000 jobless who were selected as teachers through phase-wise selection process.
In 2016, the State Government issued an advertisement for the appointment of 17,572 teachers across 24 districts out of which 8,423 posts were meant for scheduled districts. Jharkhand Staff Selection Commission had completed recruitment of around 9,000 posts in both non-scheduled and scheduled districts.
The court observed that 100 per cent reservation for local residents of 13 scheduled districts in the appointment is the violation of fundamental rights enshrined in the constitution.
While passing the order the court said that all appointments made against the said advertisement in scheduled districts stand null and void that will affect as many as aspirants who were selected as the teacher. The court passed judgement while hearing writ petition filed by one Soni Kumari from Palamu district and many other similar petitions.
She was among the many petitioners who had challenged the advertisement and notification regarding the recruitment of teachers in which the Government had announced 100 per cent reservation for local residents of scheduled districts in the appointment of teachers.
In July, 2016 the then BJP-AJSU Party Government headed by then Chief Minister Raghubar Das approved a reservation policy under which it was stated that for scheduled districts only local residents will be eligible for appointment in class III and IV posts for a period of 10 years.
Among 24 districts of Jharkhand Ranchi, Khunti, Gumla, Simdega, Lohardaga, West Singhbhum, East Singhbhum, Seraikela Kharsawan, Latehar, Dumka, Pakur, Jamtara and Sahebgunj were declared as scheduled districts.
Soni Kumari belonging to a non-scheduled district had applied for the post in one of the scheduled districts. She challenged the entire recruitment process after her candidature was rejected.
The petitioner represented by her lawyer LK Singh said that the government’s reservation policy goes against the spirit of the Constitution of India that prohibits 100 per cent reservation. She contended that the reservation policy of the Government ignores fundamental rights of equality.
She also cited the recent judgment of the Supreme Court that overturned 20 years old order of Andhra Pradesh Governor for 100 per cent reservation to Scheduled Tribe candidates in posts of school teachers in Scheduled Areas.
However, the State defended it saying that the State is vested with such power to make laws for betterment of the scheduled areas. The Government counsel defended recruitment and said such conditions were made with the idea of promoting and protecting interest of people of scheduled areas who are otherwise economically backward.
In this matter the court had completed hearing last month and reserved its order on August 21. The court observed that notification violates fundamental rights and equal opportunity as enshrined in Articles 14 and 16 of the Con
The decision will have future ramification also in appointments in class III and IV posts in the Government jobs.