Supreme Court of India
Jayashree v. The Director Collegiate Education
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What the Court ordered
We are of the view that keeping in mind the fact that her continuance in service would deprive a member of the Scheduled Tribe community of an opportunity which was usurped by the appellant in the first place would be sufficient answer to the case that it would not have been a futile exercise.
Judgment, page 12
From the headnote
Karnataka Scheduled Castes, Scheduled Tribes and Ot her Backward Classes (Reservation of Appointments, etc.) Act, 1990 – s.4(4) – Respondent-State terminated the services of the appellant on the basis that she was found to be not belonging to the Schedul ed Tribe community to which she had applied and was gi ven appointment – Held: s.4(1) of the Act declares that app ointment in respect of reserved categories are to be made as provided therein – s.4(4) of the Act provides that appointment made in c ontravention of s.4(1) is ‘voidable’ – The expression ‘voidable’ in the context and object of
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