The Supreme Court has turned down the Jharkhand High Court’s judgment validating termination of appointments of Intermediate Trained Teachers (Classes I to V) by the state government on criteria of reservation and restored there appointments.

In its judgement, the top court division bench comprising Justice Dipankar Gupta and Justice K.V Vishwanathan on October 9, 2025, said this.

“Since the respondents( State government - Education Department) had acted in a rather highhanded, arbitrary, and illegal manner in terminating the services of the appellants without justifiable reason and also following due process, the orders terminating the services of the appellants are also set aside.”

The case dates back to 10th August 2015, when the District Education Superintendent, Dhanbad, advertised Certain posts of Intermediate Trained Teacher (Classes I to V).

Subsequently, two appellants (petitioners) applied for the post and acquitted themselves successfully in the recruitment process. After completion of the joining formalities, they started discharging their duties from December 2015 as teachers.

Months later, on 27th September 2016, show cause notices were issued to the appellants alleging that they did not fulfil the eligibility criterion of having secured a minimum of 45% marks in their intermediate examination (Class XII). Questions were also raised on the validity of their certificatesof graduation.

In October 2016, through separate replies to the show cause notices, the appellants( petitioners) contended that being members of the Scheduled Tribe category, they were required to secure only 40% marks in the intermediate examination and not 45%. In other words, they were entitled to a relaxation of 5% marks in terms of the advertisement.

Yet, on 7th October, 2016, by separate office orders, the services of the appellants were terminated on the ground that they had secured less than 40% marks in the intermediate examination and that their certificates of graduation were not proper.

Then, appellants ( petitioners) challenged the termination orders dated 7th October, 2016, before the High Court by filing separate writ petitions.

In response, a single Judge of the Jharkhand High Court allowed these petitions in the years 2018 and 2022 and, consequently, the impugned termination orders were set aside.

Aggrieved thereby, the respondents( petitioners) preferred intra-court appeals. As noted before, a Division Bench of the High Court allowed these appeals and dismissed the challenge laid by the appellants to the orders terminating their services.

Next, petitioners moved the Supreme Court. In response, the top court division bench noted in its judgment this.

“In the show cause notices issued to the appellants, a question was raised about them not fulfilling the eligibility criterion of having secured a minimum of 45% marks in their intermediate examination. 

The validity of their graduation certificates was also questioned. The appellants replied by stating that they secured more than 40% marks in their intermediate examination, which perfectly fulfilled the eligibility criterion. 

To wit, it was their contention that being members of the Scheduled Tribe, they were entitled to a 5% relaxation of marks. 

As regards the graduation certificate, it was made clear that the same was not a requirement for appointment of a teacher for Classes I-V and the same was provided only for the sake of completeness. 

However, on the very next day, the respondents terminated their services by following a course of action which shocks our conscience.”

The bench further said,”The judgments and orders of the Division Bench under challenge in these appeals are set aside.”

*CLICK the Enclosed SC judgment in PDF format.

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