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Civil · Reportable judgment

Kumari Laxmi Saroj & Ors. vs State of U.P. & Ors.

Court
Supreme Court of India
Date
15 December 2022
Case No.
Civil Appeal No. 9040 of 2022
Result
Allowed
Bench
M.R. Shah, Hima Kohli
Citation
[2022] 17 S.C.R. 696 : 2022 INSC 1286
Supreme Court Reports [2022] 17 S.C.R. 696 : 2022 INSC 1286
Headnote

Service Law: Appointment – Post of Health Worker (Female) – As per the advertisement, along with the requisite qualifications, candidate to be registered with the U.P. Council – All the appellants had M.P. Council registration and had applied for U.P. Council registration before the publication of the advertisement and it took some time for the M.P. Council to issue the NOC and thereafter, it took further time for the U.P. Council to issue the registration – As such the candidatures of the appellants not considered for appointment on the ground that that at the time of verification of documents and/or even at the time of submitting the applications forms, they were not registered with U.P. Council and thus, were ineligible – Writ petition challenging the same – Dismissed by the High Court – Held: There was no fault on the part of the appellants in not producing the U.P. Council registration either at the time of submitting the applications forms or even at the time of verification of the documents – All the appellants except one had applied for U.P. Council registration before the publication of the date of advertisement – Thus, the appellants could not have been made to suffer – High Court misread and/or misinperpreted the judgment of this Court in Narender Singh’s case while dismissing the writ petition – Order passed by the High Court is unsustainable and is quashed and set aside – State to appoint the appellants to the post of Health Worker (Female) within the stipulated period.

Narender Singh Vs. State of Haryana and Ors. (2022)

3 SCC 286 – Clarified.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.07.2022, passed by the High Court of Judicature at Allahabad, Lucknow Bench in Writ A. No. 3993/2022, by which, the High Court has dismissed the said writ petition and refused to issue a writ directing the respondent(s) to appoint them on the post of Health Worker (Female), the original writ petitioners have preferred the present appeal. 2. The facts leading to the present appeal in a nutshell are as under: 2.1 That applications were invited vide adve
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