RESHMA SULTANA versus THE STATE OF KARNATAKA & ORS.

Citation: [2022] 3 S.C.R. 184 · Decided: 10-05-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed

Judgment (excerpt)

A
B
C
D
E
F
G
H
184
SUPREME COURT REPORTS
[2022] 3 S.C.R.
   [2022] 3 S.C.R. 184
184
RESHMA SULTANA
v.
THE STATE OF KARNATAKA & ORS.
(Civil Appeal No. 3484 of 2022)
MAY 10, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Service Law – Selection – Selection process – Fraud, collusion
and manipulation – Post of full-time College Lecturer in Urdu subject
– Single Judge of High Court in a writ petition set aside the
appointment of appellant, finding it to be vitiated by fraud and
manipulation and thereafter passed an order directing to forward
necessary documents and proposals to the concerned authorities
for purpose of appointing respondent no.10-original writ petitioner
– Judgment of Single Judge confirmed by Division Bench of High
Court in writ appeal – Whether after holding the appointment of
appellant to be not valid, the High Court could have thereafter
directed for appointment of respondent No.10-original writ petitioner
– Held: Once the entire selection process was found to be vitiated
due to fraud, collusion and manipulation, thereafter the Single judge
of High Court ought to have passed the order for a fresh selection
after following the due process of selection as required – Moreover,
respondent no.10 is also seeking appointment pursuant to the very
selection process/recruitment process which is found to be fraudulent
and suffers from manipulation of record – Under the circumstances,
direction issued by the Single Judge, which was not interfered with
by the Division Bench directing to forward the documents of
respondent No.10 to consider his case for appointment is
unsustainable – Fresh selection process be initiated for filling up
the post of Urdu Lecturer after following due process under
supervision of respondent No.2-Commissioner of Collegiate
Education.
Partly allowing the appeal, the Court
HELD:1. The Single Judge of the High Court has, on
appreciation of entire material on record, specifically found that
the entire selection process was vitiated by fraud and there was
a manipulation of the record and no resolution, on the basis of
A
B
C
D
E
F
G
H
185
which the appellant was appointed was in existence and there
was an interpolation. Once the entire selection process was found
to be vitiated due to fraud, collusion and manipulation, thereafter
the Single judge ought to have passed the order for a fresh
selection after following the due process of selection as required.
It is to be noted that the original writ petitioner is also seeking
appointment pursuant to the very selection process/recruitment
process which is found to be fraudulent and suffers from
manipulation of record. Under the circumstances, the direction
issued by the Single Judge, which was not interfered with by the
Division Bench directing to forward the documents of the
respondent No.10– original writ petitioner to consider his case
for appointment is unsustainable. [Paras 6, 6.1][188-E-F, H;
189-A-B]
2. Now, so far as the quashing and setting aside the
appointment of the appellant by the Single Judge confirmed by
the Division Bench is concerned, apart from the fact that this
Court had issued a limited notice, even on merits also and
considering the fact that the entire selection process/recruitment
process was found to be fraudulent and it was found that there
was a manipulation in the resolution and as such no resolution
was passed to appoint the appellant, it cannot be said that the
Single Judge committed any error in quashing and setting aside
the appointment of the appellant. The same has been righty
confirmed by the Division Bench of the High Court. [Para 7]
[189-B-D]
3. However, that part of the direction/order passed by the
Single Judge by which the Single Judge directed to forward
necessary documents and proposals to the concerned authorities
for the purpose of appointing the original writ petitioner as a full-
time Lecturer in Urdu subject, which is not interfered with by
the Division Bench of the High Court is hereby quashed and set
aside. A fresh selection process be initiated for filling up the post
of Urdu Lecturer after following due process as required and the
same shall be monitored and supervised by respondent No.2 -
Commissioner of Collegiate Education and this exercise be
completed preferably within a period of three months.
[Para 8][189-E-G]
RESHMA SULTANA v. THE STATE OF KARNATAKA & ORS.
A
B
C
D
E
F
G
H
186
SUPREME COURT REPORTS
[2022] 3 S.C.R.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.3484
of 2022.
From the Judgment 

Excerpt shown. Read the full judgment & AI analysis in Lexace.