New Delhi (Agency): India’s Supreme Court has used its special powers under Article 142 of the Constitution to reinstate an English lecturer to his post in a college affiliated to Shivaji University, Kolhapur, Maharashtra. Article 142 empowers the Supreme Court to issue any decree or order necessary to do “complete justice” in any matter before it.
The bench of Justices Abhay S. Oka and Sanjay Karol passed the ruling on August 28 while hearing a plea from the lecturer concerned. The lecturer was initially appointed as a part-time teacher in September 1992. In July 1993, the college published an advertisement inviting applications for full-time lecturers.
The lecturer’s counsel noted that the appellant was selected “on the basis of the first advertisement” and was further chosen in the second recruitment process as well. In both instances, he was selected for an “open category post,” meaning there were no reservations involved.
On October 26, 1994, the college issued a letter officially appointing the lecturer in the open category. Interestingly, a fifth respondent, who later applied for a post reserved for the Scheduled Caste category, raised no objections to this appointment at the time.
The Supreme Court observed that the lecturer had been placed in a unique situation. He had continued working as a lecturer in English on a part-time basis, even though he had been selected for a full-time post in the past. “Therefore, for doing substantial justice, this is a fit case where we should invoke our power under Article 142 of the Constitution of India,” the court stated.
The court then issued directions to reinstate the lecturer to his full-time position, effective from January 5, 1995. The order must be carried out within one month. Additionally, the State Government has been directed to provide the necessary grant-in-aid to pay the lecturer’s salary, even if it means creating a new post to accommodate this.
The ruling ensures that the “post and status of the fifth respondent shall remain unaffected,” thus keeping the balance between justice and administrative procedures.
This case serves as a landmark decision, showcasing the Supreme Court’s capacity to wield its special powers for the sake of justice in complicated employment cases. It adds a new layer to the understanding of how Article 142 can be invoked to settle disputes that may have otherwise remained unresolved.
