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Pramod Kumar vs U.P.Sec.Education Services Com. & Ors on 7 March, 2008

In Pramod Kumar v. U.P. Secondary Education Services Commission [(2008) 7 SCC 153 : (2008) 2 SCC (L&S) 244 : AIR 2008 SC 1817] this Court Signature Not Verified Signed by: JAGADISHAN AIYER Signing time: 26-03-2026 17:21:57 NEUTRAL CITATION NO. 2026:MPHC-IND:8319 14 W.P. No. 11550/2012 examined the issue as to whether a person lacking eligibility can be appointed and if so, whether such irregularity/illegality can be cured/condoned. After considering the provisions of the U.P. Secondary Education Services Commission Rules, 1983 and the U.P. Intermediate Education Act, 1921, this Court came to a conclusion that lacking eligibility as per the rules/advertisement cannot be cured at any stage and making appointment of such a person tantamounts to an illegality and not an irregularity, and thus cannot be cured. A person lacking the eligibility cannot approach the court for the reason that he does not have a right which can be enforced through court."
Supreme Court of India Cites 23 - Cited by 148 - S B Sinha - Full Document

Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006

"18. If the essential educational qualification for recruitment to a post is not satisfied, ordinarily the same cannot be condoned. Such an act cannot be ratified. An appointment which is contrary to the statute/statutory rules would be void in law. An illegality cannot be regularised, particularly, when the statute in no unmistakable term says so. Only an irregularity can be. [See Secy., State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1 : 2006 SCC (L&S) 753] , National Fertilizers Ltd. v. Somvir Singh [(2006) 5 SCC 493 : 2006 SCC (L&S) 1152] and Post Master General, Kolkata v. Tutu Das (Dutta) [(2007) 5 SCC 317 :

National Fertilizers Ltd. & Ors vs Somvir Singh on 12 May, 2006

"18. If the essential educational qualification for recruitment to a post is not satisfied, ordinarily the same cannot be condoned. Such an act cannot be ratified. An appointment which is contrary to the statute/statutory rules would be void in law. An illegality cannot be regularised, particularly, when the statute in no unmistakable term says so. Only an irregularity can be. [See Secy., State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1 : 2006 SCC (L&S) 753] , National Fertilizers Ltd. v. Somvir Singh [(2006) 5 SCC 493 : 2006 SCC (L&S) 1152] and Post Master General, Kolkata v. Tutu Das (Dutta) [(2007) 5 SCC 317 :
Supreme Court of India Cites 22 - Cited by 325 - S B Sinha - Full Document

Post Master General, Kolkata & Ors vs Tutu Das (Dutta) on 2 May, 2007

"18. If the essential educational qualification for recruitment to a post is not satisfied, ordinarily the same cannot be condoned. Such an act cannot be ratified. An appointment which is contrary to the statute/statutory rules would be void in law. An illegality cannot be regularised, particularly, when the statute in no unmistakable term says so. Only an irregularity can be. [See Secy., State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1 : 2006 SCC (L&S) 753] , National Fertilizers Ltd. v. Somvir Singh [(2006) 5 SCC 493 : 2006 SCC (L&S) 1152] and Post Master General, Kolkata v. Tutu Das (Dutta) [(2007) 5 SCC 317 :
Supreme Court of India Cites 20 - Cited by 164 - S B Sinha - Full Document
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