Will find a solution to time gaps between illegal action and restitution: Supreme Court

The Supreme Court recently said that it would attempt to bridge the time gap between illegal actions and the restitution of those who have suffered as a result of said actions (Manoj Kumar v. Union of India).A Bench of Justices PS Narasimha and Sandeep Mehta was dealing with a case where a teacher was denied employment on unfair grounds. After noting that the Court was deciding the appeal five years after it was filed, the Bench said,"The delay in this case is not unusual, we see several such cases when our final hearing board moves. Appeals of more than two decades are awaiting consideration. It is distressing but certainly not beyond us. We must and we will find a solution to this problem.".Given the delays in deciding cases before the apex court, the Bench went on to say,"It is in this reality and prevailing circumstance that we must formulate an appropriate system for preserving the rights of the parties till the final determination takes place. In the alternative, we may also formulate a reasonable equivalent for restitution of the wrongful action.".The petitioner had applied for the post of primary teacher at Pandit Deendayal Upadhyay institute for the physically handicapped. He was not appointed since he was not given 6 marks for his educational qualifications, as the degree was "not in the relevant subject."Though the Court held that the petitioner should have been given the position, it noted that the school had already closed down."This is an unfortunate situation where the Court finds that the action of the respondent was arbitrary, but the consequential remedy cannot be given due to subsequent developments. One stark reality of the situation is the time that has passed between the order of 2018 impugned herein and the judgment that we pronounce in 2024.".The Bench went on to note that though courts may set aside administrative actions that may be illegal or arbitrary, this alone may not address the repercussions of abuse of power."It is equally incumbent upon the courts, as a secondary measure, to address the injurious consequences arising from arbitrary and illegal actions. This concomitant duty to take reasonable measures to restitute the injured is our overarching constitutional purpose."It also expressed the difficulty constitutional courts face while identifying appropriate remedial measures, largely owing to the dual variables of time and limited resources. Elaborating further, it said,"The inherent difficulty in bridging the time gap between the illegal impugned action and restitution is certainly not rooted in deficiencies within the law or legal jurisprudence but rather in systemic issues inherent in the adversarial judicial process. The protracted timeline spanning from the filing of a writ petition, service of notice, filing of counter affidavits, final hearing, and then the eventual delivery of judgment, coupled with subsequent appellate procedures, exacerbates delays.".Eventually granting relief to the petitioner, it observed,"We appreciate the spirit of the appellant who has steadfastly contested his case like the legendary Vikram, from the year 2017 when he was illegally denied the appointment by the executive order dated 22.05.2017, which we have set aside as being illegal and arbitrary. In these circumstances, we direct the Institute (respondent no. 2) to pay an amount of Rs. 1,00,000/- as compensation.".[Read Judgment]