Courts should be alert in employment cases


Supreme Court Reference to High Courts


Today, Delhi: The Supreme Court has said that courts should be vigilant while hearing employment recruitment cases. A bench comprising of Justice A.S. Bopanna and Justice M.M. Sundaresh has directed the courts to strike down the verdict given by the Telangana High Court in the appointment of a junior lecturer by the Telangana Residential Institutions Recruitment Board. "Courts have to be careful and take a slow look when inquiring into the process followed by employment agencies. It affects many candidates. Courts should consider necessary orders, regulations and laws before giving final judgment in such cases," the bench ruled in the 2018 appointment case.


Telangana Residential Institutions Recruitment Board has issued a notification on 31st July 2018 for filling up the posts of Junior Lecturer in Residential Educational Institutions Society under its jurisdiction. Among the SC reservations, Saluvadi Sumalatha (1st respondent) has selected 6th zone under first preference, while Dodda Mamata (2nd respondent) has given first preference to 5th zone and second preference to 6th zone. In this, Mamata's rank-35 is lower than Sumalatha's rank-49, so the recruitment agency allotted her a post in 6th zone. Challenging this, Sumalatha approached the High Court


A single-judge bench that heard the matter wrongly dismissed Mamata's appointment in Zone 6. The Division Bench of the High Court upheld the Single Judge's verdict and the Telangana Residential Institutions Recruitment Board challenged the verdict in the Supreme Court.


The Recruitment Board said in the Supreme Court that the High Court did not take into account the fact that 5 out of the 7 notified posts were reserved for locals, in which 30% of the posts were to be filled on the basis of combined merit and 70% of the posts were to be filled on the basis of local merit. 1 out of 2 posts on combined merit is reserved for SC women. Considering these arguments, the Supreme Court upheld the appointment made by the Telangana Residential Institutions Recruitment Board in favor of the second respondent, Mamata.