RAVI ORAON v. THE STATE OF JHARKHAND
Supreme Court of India
2025 INSC 1212
Discusses interpretation of rules, application of natural justice, and fairness in administrative actions.
Legal Discussion:
- The Constitution of India: The judgment refers to Article 309, specifically its proviso, as the source of power for the Governor of Jharkhand to frame the 2012 Rules regarding teacher appointments. "In exercise of powers conferred under the proviso to Article 309 of the Constitution of India, the Governor of Jharkhand framed the 2012 Rules".
- Jharkhand Primary School Teacher Appointment Rules, 2012: The judgment extensively discusses the 2012 Rules. Rule 3 is mentioned as providing for a teacher eligibility test. "Rule 3 provides that for testing the eligibility for appointment on the post of Teacher in schools including government and aided non-governmental schools, an examination shall be held by the concerned authority". Rule 4 is discussed in detail, focusing on the eligibility criteria for appearing in the Teacher Eligibility Test, including minimum qualification marks and relaxation for reserved categories. "Rule 4 provides for eligibility criteria, which a candidate must fulfil to appear in the Teacher Eligibility Test". Rule 21 is analyzed at length, with the court concluding that it applies only to the preparation of the merit list and not to determining the initial eligibility of candidates. "Rule 21. For appointment of Teachers/Instructors on vacant posts Merit List shall be prepared at district level as per following process". The court found that the respondents erred in applying Rule 21 to decide whether the appellants fulfilled the eligibility criteria. Rule 21 A (ii)(A) is specifically mentioned as the rule the respondents relied on to exclude marks secured in additional subjects.
- General Principles of Law: The judgment discusses the principles of natural justice, particularly the right to a fair hearing. The court found that the appellants were denied a fair opportunity of hearing because the termination orders were based on a ground (exclusion of marks in vocational subjects) that was not explicitly mentioned in the show cause notices. "In the absence of fresh show cause notices specifically requiring the appellants to explain why the marks secured in the vocational subject should not be taken into account for determining their overall percentage, in our considered view, the appellants had been denied a fair and reasonable opportunity of hearing and the termination orders are wholly unsustainable and stand vitiated being in violation of the principles of natural justice". The court emphasized that findings should not be at variance with the allegations leveled in the show cause notices.
List of Laws: The Constitution of India; Jharkhand Primary School Teacher Appointment Rules, 2012; General Principles of Law