The appellant challenges the denial of appointment to the post of Samvida Shala Shikshak Grade-III despite being found eligible in a selection exam held in 2008. The State Government repeatedly denied her appointment based on amendments to recruitment rules, leading to prolonged litigation. The appellant filed appeals against the High Court's decisions dismissing her claims, citing the arbitrary and mala fide actions of the State authorities. The Supreme Court, after considering the submissions, found in favor of the appellant, ordering her appointment to the Grade-III post along with compensation and exemplary costs.
1. Background:
· Appellant's appointment history as an Instructor and subsequent efforts to secure Grade-III position.
· Introduction of recruitment rules in 2005 and subsequent amendments.
2. Litigation History:
· Details of legal battles, including writ petitions and appeals, against the denial of appointment.
· High Court's rulings and appellant's continued efforts for justice.
3. Review Petition:
· Appellant's filing of a review petition against the dismissal of her claims.
· Dismissal of the review petition by the High Court.
4. Supreme Court Proceedings:
· Consideration of arguments and materials presented by both parties.
· Assessment of the State Government's actions as arbitrary and mala fide.
5. Judgment and Directions:
· Supreme Court's findings regarding the appellant's entitlement to relief.
· Issuance of directions for the appellant's appointment, continuity in service, and exemplary costs.
· Enforcement measures against responsible officers and pending contempt proceedings.
6. Conclusion:
· Final verdict allowing the appeals and disposing of pending applications.
Case Title: SMITA SHRIVASTAVA VERSUS THE STATE OF MADHYA PRADESH & ORS. ETC.
Citation: 2024 LawText (SC) (5) 59
Case Number: CIVIL APPEAL NO(S). OF 2024 (Arising out of SLP(C) NO(S). 23966-23968 OF 2022)
Advocate(s): L.C. Patne, Rekha Pandey, Raghav Pandey, Sharmistha Choudhury, Gauri Pandey, Mrinal Gopal Elker, Saurabh Singh, Ankita Chaudhary, Pashupathi Nath Razdan, Abhinav Shrivastav
Date of Decision: 2024-05-03