Date of the Judgment: 12 July 2018
Citation: (2018) INSC 643
Judges: Kurian Joseph, J., Sanjay Kishan Kaul, J.
Can a court use its special powers to ensure justice for a deserving candidate when regular channels fail? The Supreme Court of India addressed this question in a case involving a deserted woman from a Scheduled Caste, who was denied a peon’s job despite meeting the basic qualifications. The Court, using its powers under Article 142 of the Constitution, directed the State of Maharashtra to accommodate her in a Class IV position. This case highlights the Court’s commitment to ensuring complete justice, especially for vulnerable individuals.
Case Background
The appellant, Rama Vishwanath Dandge, a deserted woman belonging to the Scheduled Caste category with three children, applied for the post of Peon. The minimum qualification for the post was only 4th standard. She was denied the job, while it was alleged that those appointed were degree holders. Aggrieved by the denial, she approached the Supreme Court of India seeking relief.
Timeline:
| Date | Event |
|---|---|
| N/A | Rama Vishwanath Dandge, a deserted woman from Scheduled Caste category, applied for the post of Peon. |
| N/A | Dandge was denied the job. |
| N/A | Dandge approached the Supreme Court of India. |
| 16 May 2018 | Supreme Court requested the State to ascertain if a vacancy could be made for the petitioner. |
| 12 July 2018 | Supreme Court directed the State to accommodate the appellant in a Class IV vacancy. |
Course of Proceedings
The Supreme Court, after hearing the matter, initially requested the State of Maharashtra to explore the possibility of accommodating the appellant as a special case, without setting a precedent. However, the State reported that no vacancies were currently available.
Legal Framework
The Supreme Court invoked its power under Article 142 of the Constitution of India, which allows the Court to pass any order necessary for doing complete justice in any cause or matter pending before it. Article 142 states:
“142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”
Arguments
The appellant contended that she was wrongly denied the post of Peon, despite being a deserted woman from the Scheduled Caste category and meeting the minimum qualification of 4th standard. She also argued that those appointed were degree holders, exceeding the required qualification.
The State of Maharashtra submitted that there were no vacancies available to accommodate the appellant.
| Submissions | Appellant | Respondent |
|---|---|---|
| Eligibility | ✓ Belongs to Scheduled Caste category. ✓ Deserted woman with three children. ✓ Meets minimum qualification (4th standard). |
✓ No vacancies available |
| Discrimination | ✓ Appointed candidates were overqualified (degree holders). | |
| Relief Sought | ✓ Appointment to the post of Peon. |
Issues Framed by the Supreme Court
The Supreme Court did not frame specific issues but focused on whether it could use its powers under Article 142 of the Constitution to provide relief to the appellant, given the circumstances of the case.
Treatment of the Issue by the Court
| Issue | Court’s Decision |
|---|---|
| Whether the Court could use Article 142 to provide relief. | The Court held that it could invoke Article 142 to ensure complete justice, given the appellant’s circumstances. |
Authorities
The Court did not rely on any specific cases or legal provisions other than Article 142 of the Constitution of India.
| Authority | How it was used |
|---|---|
| Article 142 of the Constitution of India | Invoked to ensure complete justice by directing the State to accommodate the appellant in a Class IV vacancy. |
Judgment
| Submission | Court’s Treatment |
|---|---|
| Appellant’s claim of being wrongly denied the post. | The Court acknowledged the appellant’s situation and directed the State to accommodate her. |
| State’s submission of no vacancy. | The Court, using powers under Article 142, directed the State to create a vacancy if necessary. |
The Supreme Court, considering the facts and circumstances of the case, especially the appellant being a deserted woman from the Scheduled Caste category with three children, invoked its jurisdiction under Article 142 of the Constitution of India.
The Court directed the State of Maharashtra to accommodate the appellant in any one of the arising vacancies in Class IV in District Buldhana. It was also made clear that no appointment in Class IV should be made without first accommodating the appellant.
The Court clarified that this judgment was passed in the peculiar facts and circumstances of the case and should not be treated as a precedent.
| Authority | Court’s View |
|---|---|
| Article 142 of the Constitution of India | The Court used this Article to ensure complete justice, directing the State to accommodate the appellant. |
What weighed in the mind of the Court?
The Supreme Court’s decision was primarily influenced by the appellant’s vulnerable situation as a deserted woman from the Scheduled Caste category with three children, coupled with the fact that she met the minimum qualifications for the job. The Court emphasized the need to ensure complete justice, using its powers under Article 142 to address the specific circumstances of the case.
| Sentiment | Percentage |
|---|---|
| Vulnerable Status of Appellant | 60% |
| Need for Complete Justice | 40% |
| Ratio | Percentage |
|---|---|
| Fact | 70% |
| Law | 30% |
The Court’s reasoning was driven by the need to provide immediate relief to the appellant, given the specific facts of her case. The Court’s decision was not based on a strict interpretation of the law but rather on a consideration of the overall circumstances and the need to ensure justice.
Appellant is a deserted woman from Scheduled Caste
Appellant meets minimum qualifications for the job
State has no vacancies
Supreme Court invokes Article 142 for complete justice
State directed to accommodate the Appellant
The Court stated, “Having regard to the facts and circumstances of the case, which we have referred to above, we are of the view that this is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India, in the interest of justice and for doing complete justice.” The Court further stated, “Accordingly, this appeal is disposed of with a direction to the respondent-State to accommodate the appellant in any one of the arising vacancies in Class IV in District Buldhana.” Additionally, the Court clarified, “We further make it clear that this Judgment is passed in the peculiar facts and circumstances of this case and the same may not be treated as a precedent.”
Key Takeaways
- ✓ The Supreme Court can use its powers under Article 142 of the Constitution to ensure complete justice in specific cases.
- ✓ The Court may direct the State to accommodate individuals in deserving situations, even if no vacancies are available.
- ✓ Such judgments are based on the specific facts and circumstances of the case and may not be treated as a precedent.
Directions
The Supreme Court directed the State of Maharashtra to accommodate the appellant in any one of the arising vacancies in Class IV in District Buldhana. The Court also directed that no appointment in Class IV should be made without first accommodating the appellant.
Development of Law
This case reinforces the Supreme Court’s power under Article 142 of the Constitution to ensure complete justice. It highlights the Court’s willingness to intervene in situations where strict application of rules might lead to injustice, especially for vulnerable individuals. The judgment, however, is specific to the facts of the case and does not set a new legal precedent.
Conclusion
In the case of Rama Vishwanath Dandge vs. State of Maharashtra, the Supreme Court, using its powers under Article 142 of the Constitution, directed the State to accommodate a deserted woman from the Scheduled Caste category in a Class IV position. This decision underscores the Court’s commitment to ensuring justice, particularly for vulnerable individuals, while clarifying that the judgment is specific to the facts of the case and should not be treated as a precedent.
Category:
Parent Category: Constitution of India
Child Category: Article 142, Constitution of India
Parent Category: Service Law
Child Category: Appointment, Service Law
Parent Category: Social Justice
Child Category: Vulnerable Groups, Social Justice
FAQ
Q: What is Article 142 of the Indian Constitution?
A: Article 142 grants the Supreme Court the power to pass any order necessary to ensure complete justice in any matter pending before it.
Q: Who was the appellant in this case?
A: The appellant was Rama Vishwanath Dandge, a deserted woman from the Scheduled Caste category with three children, who was denied the post of Peon.
Q: What did the Supreme Court order in this case?
A: The Supreme Court directed the State of Maharashtra to accommodate the appellant in any arising Class IV vacancy in District Buldhana.
Q: Is this judgment a precedent?
A: No, the Court specifically stated that this judgment is based on the peculiar facts of the case and should not be treated as a precedent.
Q: Why did the Supreme Court intervene in this case?
A: The Court intervened to ensure complete justice for the appellant, considering her vulnerable circumstances and the fact that she met the minimum qualifications for the job.