If Appointment Is Illegal, Candidate Cannot Claim Equitable Relief Under Article 142 : Supreme Court

The Supreme Court observed in a recent judgment that if the initial appointment is illegal, then the candidate cannot claim equitable relief to secure the post invoking the special powers under Article 142 of the Constitution.

If a candidate gained entry through a process which was not legal and valid, then the Court cannot come to his rescue in the exercise of powers under Article 142.

A bench comprising Justice Dipankar Datta and Justice Manmohan made these observations while affirming a judgment of the Kerala High Court which upheld the exclusion of the appellant from the post of "Boat Lascar” under the Kerala State Water Transport Department. The basic qualification prescribed for the post was Lascar's Licence. The appellant possessed a higher qualification of Syrang's license. The Kerala Administrative Tribunal directed the Public Service Commission to exclude ineligible candidates from the ranked list. Following that, the advice given for the appellant's appointment was cancelled, on the ground that he had higher qualifications than prescribed.

The bench observed that it has to go by the essential qualifications prescribed by the Special Rules as well as the Advertisement. Merely because the post of Lascar is a feeder post for promotion to the post of Syrang does not per se make the holder of a Syrang's licence qualified for the job of a Lascar.

The Court also explained why it was unjust to allow a candidate with a higher qualification to apply for the post requiring a lesser qualification.

At this juncture, the candidate's counsel sought for the equitable relief under Article 142.

Rejecting this plea, the Court observed :

"This Court in Ashok Kumar Sonkar v. Union of India, held that if an appointment is illegal, it is non-est in the eye of law and rendering the appointment a nullity and principles of equity in a case of such nature would have no role to play; also that, sympathy should not be misplaced."

Dismissing the appeal, the Court said :

"We are of the considered opinion that the appellant having gained entry through a process which was not legal and valid, this is not a fit and proper case where this Court ought, in exercise of its power under Article 142 of the Constitution, to ignore the illegality and invalidity to come to his rescue."

Also from the judgment - No Universal Rule That Candidate With Qualification Higher Than Basic Eligibility For Post Must Be Preferred: Supreme Court