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1 - 10 of 11 (0.31 seconds)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."
Article 16 in Constitution of India [Constitution]
Article 299 in Constitution of India [Constitution]
Uttar Pradesh Intermediate Education Act, 1921
Dr Prit Singh vs S.K. Mangal And Ors. on 2 September, 1992
In Prit Singh (Dr.) v. S.K. Mangal [1993 Supp
(1) SCC 714 : 1993 SCC (L&S) 246 : (1993) 23
ATC 783] this Court examined the case of a person
who did not possess the requisite percentage of
marks as per the statutory requirement and held that
he cannot hold the post observing : (SCC pp. 718-
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 :
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 :
State Of Orissa & Anr vs Mamata Mohanty on 9 February, 2011
29. This principle was echoed in State of Orissa v. Mamata
Mohanty, (2011) 3 SCC 436 : (2011) 2 SCC (L&S) 83 : 2011
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 26-03-2026
17:21:57
NEUTRAL CITATION NO. 2026:MPHC-IND:8319
13 W.P. No. 11550/2012
SCC OnLine SC 317 at page 453, where the Hon'ble Supreme
Court held: