Excelsior Correspondent
Srinagar, Feb 27: High Court has quashed the engagement of a candidate as Anganwadi helper after working on the post for the last 15 years citing that holding the post is nullity in the eyes of law if the appointee lacks basic qualification against such post.
The Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta has held that an appointment of a candidate to an office, post or position would be a nullity in the eye of law, if the person appointed or engaged against such post lacks the basic eligibility qualification prescribed for the post.
“An appointment, which is a nullity in the eye of law, cannot be validated only on the ground that the person so appointed has continued on the post/position for a pretty long time, more particularly when the continuation of such candidate in service is in pursuance of the interim orders passed by the Court/ Tribunal or some other competent authority”, DB recorded.
The counsel representing the candidate whose selection for the post in question has been quashed by the court made a feeble attempt to justify the writ court judgment whereby selection of his client was upheld.
“Insofar as the submission of counsel regarding the equitable jurisdiction vested in us is concerned, we are of the view that, while invoking equity in favour of selected candidate, we need to look to the plight of aggrieved candidate, who had been fighting her battle in the courts of law for the last more than 15 years and was entitled to be engaged as Anganwadi Helper, was denied the engagement, so as to confer wrongful benefit upon the selected candidate”, DB said.
The court after having concluded that the selected candidate was ineligible to be engaged as Anganwadi Helper, for, she lacked the basic educational qualification prescribed for the post, as such declared her selection and engagement in nullity in the eye of law.
“We could have seriously considered the submissions for invoking our equitable jurisdiction, provided there had been delay on the part of the appellant-aggrieved candidate to raise her grievance before the competent forum” court said, adding with “The respondent knew well that she was illiterate and, therefore, not eligible to apply for the post of Anganwadi Helper, more particularly in presence of other eligible candidates possessing the requisite qualification of middle Pass, yet, she took a chance by submitting her application form. On the basis of misplaced sympathies, she also came to be selected and engaged as Anganwadi Helper on 8th of January, 2011”.
The court said that it would be totally unfair and highly inequitable to tell the aggrieved candidate that, though, she has succeeded in the litigation and is found entitled to engagement, yet she will not be given such engagement, for the reason that under the court orders, opponent has continued for 15 years.
“Equities are not only for the aforesaid reasons, we are inclined to accept this appeal and set aside the impugned Judgment passed by the Writ court. Consequently, the engagement of the Respondent No.6 as Anganwadi Helper is quashed”, the court concluded.
Follow our WhatsApp channel
