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Thursday, November 22, 2012

Appointment of ineligible candidate is void

State of Gujarat v. Arvindkumar T. Tiwari, (2012) 9 SCC 545 (Civil Appeal No. 6468 of 2012, decided on September 14, 2012):

Relaxation of eligibility criteria prescribed for post in question which stood vacated upon death of person who was employed on said post from family concerned on humanitarian grounds is impermissible. A person who does not possess requisite qualifications cannot even apply for recruitment since his appointment would be contrary to the statutory rules, and would therefore, be void in law. Lacking of eligibility for the post cannot be cured at any stage and appointing such a person would amount to a serious illegality and not mere irregularity. Moreover, such person cannot approach the court for any relief because he does not have enforceable right.

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