SC Directs Immediate Appointment of Woman in Response to MP Government's 'High-Handed' Approach

Supreme Court criticized Madhya Pradesh government for denying appointment to a woman despite passing exams in 2008. Imposed 10 lakh fine on state, ordered her appointment within 60 days.

The Supreme Court pulled up the Madhya Pradesh government and its officials on Friday for their ''adamant'' and ''high-handed'' approach, and directed that a woman be forthwith appointed to the post of ''Samvida Shala Shikshak Grade-III'' or an equivalent position within 60 days.

The court noted that the woman passed the examination for the selection of ''Samvida Shala Shikshak Grade-III'' in August 2008 but no appointment order was issued to her.

It imposed an ''exemplary cost'' of Rs 10 lakh on the Madhya Pradesh government and said the amount shall be paid to the woman within 60 days.

''It is a glaring case wherein the adamant, arbitrary, mala fide and high-handed approach of the state government and its officials has driven the appellant to a series of prolonged litigations, which were evidently not out of her choice,'' a bench of Justices B R Gavai and Sandeep Mehta said.

''In spite of having passed the selection exam held for the post of Samvida Shala Shikshak Grade-III way back on August 31, 2008, the appellant (Smita Shrivastava) did not reap the fruits of her success,'' the bench said in its verdict.

The court delivered its judgment on the appeals filed by Shrivastava challenging orders passed by the Madhya Pradesh High Court in May and August 2022.

The bench noted that the high court refused to grant the relief of appointment to the appellant in spite of holding that a denial of such appointment was grossly illegal and arbitrary.

It said the state government shall hold an enquiry and recover the amount of Rs 10 lakh from the officers who were responsible for ''taking deliberate, illegal, mala fide actions'' to deny her the relief.

It noted that the woman was appointed as an instructor in a non-formal educational centre set up by the state in 1990 and she worked on the post till September 1, 1993.

The court said subsequently, the state decided to abolish the post of instructors and promulgated recruitment rules for the services of the Samvida Shala Shikshak Grades I, II and III in the name of the Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005.

The bench said the woman was allowed to appear in the examination for the selection of Samvida Shala Shikshak Grade-III.

It noted that the Rules of 2005 were amended on July 29, 2009 by which sub-rule(2) was inserted in rule 7A to the effect that the candidates who were working on the post of instructors in the non-formal educational centres were eligible to get appointment.

''The aforesaid amendment made the appellant ineligible to be appointed for the post of Samvida Shala Shikshak Grade-III as she had been discontinued from the job of instructor with effect from September 1, 1993 and accordingly..., the state government denied appointment to the appellant...,'' the bench said.

It noted that the July 29, 2009 notification was quashed on a petition filed by her and a direction given to the state to consider her case for appointment in view of the unamended criteria.

The bench said in spite of that, the Indore district education officer rejected her claim for appointment, which led to further litigation. The apex court noted that the matter thereafter came up before a division bench of the high court, which passed an order in May 2022.

It said the state government took the shield of an amended rule issued on July 29, 2009 to deny the relief to the appellant, even when the said rule had no retrospective application.

''Not only this, in spite of the high court having struck down the said rule and passing repeated orders in favour of the appellant, another notification dated March 21, 2018 was issued, making the amended rule effective from January 1, 2008, that is, prior to the date of recruitment,'' the bench said.

''This was clearly a mala-fide action in an attempt to circumvent the orders passed by the high court by hook or by crook so as to prevent the appellant and her peers of their lawful claim to appointment, which stood crystallised long back,'' it said.

''As a consequence, we are of the firm view that the appellant deserves a direction for restitutive relief, along with compensation, for the misery piled upon her owing to the arbitrary and high-handed action of the state government and its officials,'' the bench said.

It directed that she shall forthwith be appointed to the post of Samvida Shala Shikshak Grade-III or an equivalent position within 60 days and the appointment order will be effective from the date on which the first appointment order pursuant to the selection process of August 31, 2008 was issued.

It said the appellant shall be entitled to continuity in service but not to back wages.