SATYAJIT KUMAR & ORS. versus THE STATE OF JHARKHAND & ORS.

Citation: [2022] 12 S.C.R. 873 · Decided: 02-08-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed

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Judgment (excerpt)

[2022] 12 S.C.R. 873
873
SATYAJIT KUMAR & ORS.
v.
THE STATE OF JHARKHAND & ORS.
(Civil Appeal No. 4038 of 2022)
AUGUST 02, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Constitution of India – Para 5(1) of Fifth Schedule; Articles
14, 13(2), 15, 16(2), (3), 35(a-i) – Whether in exercise of powers
conferred under paragraph 5(1) of the Fifth Schedule to the
Constitution, the Governor can make provisions for 100%
reservation in the scheduled Areas/Districts – Held: Non-obstante
clause contained in para 5(1) of the Fifth Schedule of the
Constitution shall be read with respect to power of the Governor to
suspend and/or modify the law made by the Parliament despite
Articles 244 and 245 of the Constitution of India – It cannot be
read as conferring upon the Governor absolute power and/or
unfettered power, notwithstanding the provisions contained in Part
III of the Constitution – In the present case, the impugned Order/
Notification providing 100% reservation for the local residents of
concerned Scheduled Districts/ Areas is beyond the scope and ambit
of powers conferred upon the Governor u/para 5(1) of the Fifth
Schedule of the Constitution – 100% reservation is violative of
Art.16(2) affecting rights of the other candidates/citizens of non-
scheduled areas/Districts guaranteed under Part III of the
Constitution of India – No error committed by High Court in holding
the impugned Notification as unconstitutional and ultra vires to
paragraph 5(1) of the Fifth Schedule and also Articles 14, 13(2),
15 and 16(2) – It is also violative of Articles 16(3) and 35(a-i) –
However, on facts, instead of fresh/de novo recruitment process by
setting aside the appointments already made in the Scheduled
Districts/Areas, the State shall revise the merit list based on the
already published cut off obtained by the last selected candidates
in each TGT subject against the respective categories with respect
to entire State – Respective candidates belonging to the non-
Scheduled Areas and Scheduled Areas (Districts) be adjusted
accordingly on the basis of individual merit of the candidates –
A
B
C
D
E
F
G
H
874
SUPREME COURT REPORTS
[2022] 12 S.C.R.
Jharkhand Government (Recruitment of Teachers and Non-Teaching
Staff in Secondary Schools & their Service and Condition) Rules,
2015 – Service Law – Constitution of India – Article 142.
Constitution of India – Para 5(1) of Fifth Schedule; Article
309 – Jharkhand Government (Recruitment of Teachers and Non-
Teaching Staff in Secondary Schools & their Service and Condition)
Rules, 2015 – Whether in exercise of powers under paragraph 5(1)
of the Fifth Schedule to the Constitution, the Governor has the power
to modify the relevant Recruitment Rules framed u/Article 309 –
Held: Exercise of powers by the Governor under para 5(1) of the
Fifth Schedule of the Constitution of India modifying Recruitment
Rules, 2015 which are framed u/Article which can be said to be
subordinate legislation and cannot be said to be an Act or the Law
made by the Parliament and / or State Legislature is beyond the
scope and ambit of Governor’s power under para 5(1) of the Fifth
Schedule of the Constitution of India.
Constitution of India – Para 5(1) of Fifth Schedule – Powers
conferred upon the Governor – Exercise of – Scope and ambit of –
Discussed.
Constitution of India – Para 5 of Fifth Schedule, an exception
– Held: Law made by the Parliament is supreme and shall prevail
and every State/State Legislature is bound by the law made by the
Parliament – However, paragraph 5 of the Fifth Schedule to the
Constitution of India is an exception – Notwithstanding the aforesaid
provisions, giving supremacy to the law made by the Parliament,
the Governor may direct that any particular Act of Parliament or of
the Legislature of the State shall not apply to a Scheduled Area or
any part thereof in the State or shall apply to a Scheduled Area or
any part thereof in the State subject to such exceptions and
modifications as he may specify in the notification – Thus, the
expression “notwithstanding anything in this Constitution” is related
to the Constitutional provisions regarding the supremacy of the law
made by the Parliament or State Legislature.
Service Law– Illegal and irregular appointment appointments
– Distinction between – Held: There is a distinction between illegal
and irregular appointment and the former cannot be regularized.
A
B
C
D
E
F
G
H
875
Partly allowing the appeals, the Court
HELD: 1.1 As per Article 246(1), notwithstanding any

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