D.M. PREMKUMARI versus THE DIVISIONAL COMMISSIONER, MYSORE DIVISION & ORS.

D.M. PREMKUMARI versus THE DIVISIONAL COMMISSIONER, MYSORE DIVISION & ORS.

In order to do complete justice and avoid great hardship to the appellant, who would otherwise be rendered jobless and incapable of securing alternative public employment, the respondents are directed not to dislodge the appellant from her post as primary school teacher. The appointment is not struck down, despite technical ineligibility, as it would cause injustice and no prejudice to others.

Parties
Appellant: D.M. Premkumari; Respondents: The Divisional Commissioner, Mysore Division & Ors.
Jurisdiction
India
Judgment Date
09 February 2009
Procedural Posture
Civil Appeal / Final Disposition on Appeal
Outcome
Appeal disposed of; appellant not to be dislodged from post.
Legal Topics
Reservation, Backward Classes, Article 142 Complete Justice
Constitutional Law Service Law Reservation Backward Classes Article 142 Complete Justice

Case Brief

Summary, issues, holding and outcome

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Parties

D.M. Premkumari

Appellant

The Divisional Commissioner, Mysore Division & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition on Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to retain her appointment under Group 'B' reservation category after the caste was transferred to Group 'D' category.
  2. 2 Whether striking down the appellant's appointment would cause undue hardship and injustice.

Ratio Decidendi

In order to do complete justice and avoid great hardship to the appellant, who would otherwise be rendered jobless and incapable of securing alternative public employment, the respondents are directed not to dislodge the appellant from her post as primary school teacher. The appointment is not struck down, despite technical ineligibility, as it would cause injustice and no prejudice to others.

Court Disposition

Appeal disposed of; appellant not to be dislodged from post.

Orders

  • Respondents are directed not to dislodge the appellant from the post of primary school teacher.
  • No order as to costs.