LexRAKESH KUMAR SHARMA versus GOVT. OF NCT OF DELHI & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2013] 8 S.C.R. 486
RAKESH KUMAR SHARMA
v.
GOVT. OF NCT OF DELHI & ORS.
(Civil Appeal No. 6116 of 2013)
JULY 29, 2013
[DR. B.S. CHAUHAN AND S.A. BOBDE, JJ.]
Service Law - Selection - Eligibility - Lack of - Effect -
Termination of appellant on the ground that he had obtained
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employment by misrepresentation since he was ineligible, not
being possessed of the requisite educational qualification of
B. Ed on the last date of submission of the application -
Justification - Held: Justified - Appellant was not eligible as
per the requirement of rules/advertisement since he did not
o possess the required eligibility on the last date of submission
of the application forms - The letter of offer of appointment
issued to him was provisional and conditional subject to
verification of educational qualification, i.e., eligibility,
character verification etc. -
It made it clear that in case
E character of appellant was not certified or he did not possess
the qualification, the services will be terminated - Granting any
benefit to the appellant would be violative of the doctrine of
equality, a backbone of the fundamental rights under
Constitution of India - Usurpation of a post by an ineligible
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candidate in any circumstance is impermissible - Moreover,
the process of verification and notice of termination of
appellant followed within a very short proximity of his
appointment and was not delayed at all so as to even remotely
give rise to an expectancy of continuance.
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Respondent no.3-recruitment agency issued
advertisement dated 12.10.2007 inviting applications for
recruitment to the post of Trained Graduate Teachers
('TGT') for various courses including TGT (Sanskrit). The
last date for submission of the application was 29.10.2007 ..
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486
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RAKESH KUMAR SHARMA v. GOVT. OF NCT OF
487
DELHI & ORS.
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Pre-requisite qualification for the post was that of B.Ed.
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Though the appellant had appeared in the B.Ed
examination prior to submission of the application for
TGT (Sanskrit), the result however was declared only on
28.1.2008. He participated in the selection process as he
made a representation that he had acquired the requisite
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eligibility. The appointment letter dated 19.6.2009 was
issued making it clear that the appointment was
temporary and on provisional basis for two years and
further subject to verification of character, antecedents
and educational qualification etc. by the Deputy Director c
Education ('DOE'). The appellant joined the service as
TGT (Sanskrit) on 26.6.2009. The ODE issued a show
cause notice dated 21.9.2010 to the appellant to show
cause why his services should not be terminated as he
was awarded the B.Ed degree only on 28.1.2008 which
was much after the cut-off date which was 29.10.2007.
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Subsequently, the competent authority DOE passed
order terminating the services of the appellant stating
that the
employment
had
been
obtained
by
misrepresentation since he was ineligible, not being . E
possessed of the educational qualification of B.Ed on the
last date of submission of the application.
Aggrieved, the appellant challenged the show cause
as well as the said order of termination by filing O.A.
before the Tribunal, which was allowed. The order of the
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Tribunal was upheld by the High Court, and therefore, the
instant appeal.
Dismissing the appeal, the Court
HELD: 1.1. There can be no dispute to the settled
legal proposition that the selection process commences
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on the date when applications are invited. Any person
eligible on the last date of submission of the application
has a right to be considered against the said vacancy
provided he fulfils the requisite qualification. [Para 6] [493-
D-E]
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488
SUPREME COURT REPORTS
[2013] 8 S.C.R.
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1.2. In the instant case, the appellant did not possess
the requisite qualification on the last date of submission
of the application though he applied representing that he
,.
possessed the same. The letter of offer of appointment
was issued to him which was provisional and conditional
B subject to the verification of educational qualification, i.e.,
eligibility, character verification etc. The letter of offer of
appointment made it clear that in case character is not
certified or he did not possess the qualification, the
services will be terminated. The result of the examination
C does not relate back to the date of examination. A person
would possess qualificatiExcerpt shown. Read the full judgment & AI analysis in Lexace.