The Supreme Court has firmly ruled that candidates who secure appointments through illegal means cannot seek equitable relief under Article 142 of the Constitution. The decision came in a case where a candidate, despite holding higher qualifications, was denied appointment for not meeting the essential eligibility criteria.
Case Background
The dispute centered around a recruitment notification for the post of "Boat Lascar" in the Kerala State Water Transport Department. The advertisement mandated that applicants must possess a current Lascar’s licence. However, the appellant held a Syrang’s licence, a higher-level certification.
The Kerala Administrative Tribunal initially ruled that candidates without the required Lascar’s licence were ineligible, leading to the cancellation of the appellant’s appointment. The Kerala High Court upheld this decision, prompting the appeal before the Supreme Court.
The Supreme Court emphasized that statutory qualifications cannot be bypassed, even if a candidate possesses superior credentials. The bench, comprising Justices Dipankar Datta and Manmohan, noted that illegal appointments are void and cannot be validated through judicial discretion.
The Court referred to its earlier decision in Ashok Kumar Sonkar v. Union of India, which held that illegal appointments are non-est in law and principles of equity do not apply in such cases. The bench further observed that allowing candidates with higher qualifications to compete for lower posts disadvantages those who meet the exact eligibility criteria.
The appellant’s argument that his higher qualification (Syrang’s licence) should be considered equivalent was rejected. The Court clarified that advertised qualifications must be strictly followed, and any deviation would amount to a fraud on public employment.
The ruling reinforces the importance of transparency and fairness in recruitment processes, ensuring that only eligible candidates are considered. It also restricts the misuse of Article 142, which grants the Supreme Court extraordinary powers to ensure complete justice, in cases involving illegal appointments.
Also from the Judgment: Supreme Court: No Mandatory Preference for Overqualified Candidates in Job Selection
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