Introduction:
The Supreme Court ruled that if an appointment is illegal, the candidate cannot seek equitable relief under Article 142 of the Constitution. The Court emphasized that if a candidate gains entry through an invalid process, the Court cannot use its special powers under Article 142 to regularize or rescue such an appointment.
Facts of the Case:
The appellant was appointed to the post of "Boat Lascar" in the Kerala State Water Transport Department. The minimum qualification prescribed for the post was a Lascar’s Licence. The appellant did not hold a Lascar’s Licence but instead held a Syrang’s Licence, which is a higher qualification used for promotion from the Lascar post. The Kerala Administrative Tribunal directed the Kerala Public Service Commission (PSC) to exclude ineligible candidates from the ranked list. Following this, the PSC cancelled the appellant's appointment on the ground that he did not possess the prescribed qualification.
Issues:
- Whether a candidate possessing a higher qualification than the prescribed one is eligible for a post requiring specific minimum qualifications?
- Whether the Supreme Court can exercise its powers under Article 142 to grant equitable relief to a candidate whose appointment was found to be illegal?
Contentions of the Petitioner:
The appellant argued that he possessed a higher qualification (Syrang's Licence) and should be deemed eligible for the Lascar post. His counsel requested equitable relief under Article 142, pleading that the appellant’s appointment should be protected despite the technical disqualification.
Contentions of the Respondents:
The respondents argued that the recruitment rules clearly prescribed Lascar’s Licence as the essential qualification. The possession of a higher or different licence (Syrang’s Licence) did not meet the specific eligibility criteria. They emphasized that recruitment must strictly comply with the qualifications set out in the advertisement and service rules.
Court’s Analysis:
The Supreme Court emphasized that the prescribed essential qualifications as per the Special Rules and advertisement must be strictly followed. Just because Syrang’s Licence is a promotional qualification from the post of Lascar does not make its holder eligible for direct recruitment as Lascar. The Court cited Ashok Kumar Sonkar v. Union of India, noting that an illegal appointment is void in the eyes of law (non-est), and equity or sympathy has no role in such a situation. It reiterated that a higher qualification does not automatically mean eligibility if the candidate lacks the specific prescribed qualification.
Conclusion:
The Supreme Court dismissed the appeal.
It held that since the appellant entered the post through an illegal and invalid process, this was not a fit case for invoking Article 142 to offer equitable relief. The Court reinforced that equity cannot override legality, and recruitment must strictly follow the rules.
