Tag: procedural irregularity

“Article 16 Violation: Supreme Court Bars Overqualified Candidates from Public Posts Without Essential Qualifications”

“Article 16 Violation: Supreme Court Bars Overqualified Candidates from Public Posts Without Essential Qualifications”

The Supreme Court held that candidates possessing higher qualifications than those prescribed in the statutory rules cannot be considered eligible for recruitment if they lack the specific essential qualification mandated by the rules. The Court emphasized strict adherence to statutory qualifications in public employment to ensure equality of opportunity and prevent arbitrariness. Non-joinder of necessary parties in original proceedings does not invalidate the Tribunal's order if the affected party fails to challenge it promptly. The Court declined to exercise its powers under Article 142 of the Constitution, as the appellant's appointment was void ab initio for non-compliance with statutory requirements. The appeals were dismissed, upholding the cancellation of the appellant's appointment...