RAMESH GAJENDRA JADHAV versus SECRETARY, LATE S.G.S.P. MANDAL & ORS.

RAMESH GAJENDRA JADHAV versus SECRETARY, LATE S.G.S.P. MANDAL & ORS.

Collective error on the part of University and College led to the appellant's appointment in a post reserved for SC category. This mistake does not vest an indefeasible legal right in the appellant, who is from the open category, to be appointed or deemed appointed to the reserved post. The High Court order...

Source-derived case information.

Parties
Appellant: Ramesh Gajendra Jadhav; Respondent: Secretary, Late S.G.S.P. Mandal
Jurisdiction
India
Judgment Date
22 July 2010
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Termination, Reservation, Recruitment, Educational Institutions
Service Law Termination Reservation Recruitment Educational Institutions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ramesh Gajendra Jadhav

Appellant

Secretary, Late S.G.S.P. Mandal

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether a mistake of fact rectified subsequently in relation to implementation of roaster of reservation is sufficient reason for termination of services of a person appointed under that mistaken impression
  2. 2 Whether appellant has an indefeasible right to the post due to selection under an incorrect advertisement

Ratio Decidendi

Collective error on the part of University and College led to the appellant's appointment in a post reserved for SC category. This mistake does not vest an indefeasible legal right in the appellant, who is from the open category, to be appointed or deemed appointed to the reserved post. The High Court order upholding termination is correct, as adherence to the constitutional mandate of equality and reservation must be maintained.

Court Disposition

Appeal dismissed

Orders

  • Parties are left to bear their own costs.