Court Directs Appointment Based on Merit List and Verification of Educational Credentials within a Month
In a significant ruling, the Gujarat High Court, under the judgment of Mr. Justice Maulik J. Shelat, has quashed the appointment of a candidate in a public employment case, citing favoritism and violation of constitutional principles of equality and merit. The case involved the appointment of an Administrator-cum-Cook in Jhalod, District Dahod, where the petitioner, Sangada Hansaben Malabhai, challenged the appointment of Respondent No. 3, who was placed lower in the merit list.
The court observed that the appointment process was marred by favoritism, as the Mamlatdar, responsible for the recruitment, appointed a candidate who was fourth in the merit list. The petitioner, who secured 68% in graduation, argued that she was unfairly placed at sixth position and was overlooked despite being more qualified than the appointee, who had a lower percentage.
Justice Shelat emphasized the need for adherence to Articles 14 and 16 of the Constitution of India, which ensure equality and merit-based appointments in public employment. The court ordered the quashing of the appointment made on April 21, 2018, and directed the respondent authorities to verify the authenticity of degree certificates submitted by candidates.
The court instructed the respondents to complete the verification process within a month. If the petitioner's certificate is found genuine, she will be appointed to the position. However, if her certificate is fake, the next candidate in the merit list will be considered. The court also called for a robust mechanism to prevent such malpractices in future employment processes.
This judgment underscores the judiciary's role in upholding the principles of fairness and meritocracy in public appointments, ensuring that only deserving candidates are selected based on their qualifications and achievements.
Bottom Line:
Appointment to public employment must follow merit list strictly, and favouritism by officials is arbitrary, illegal, and violative of Articles 14 and 16 of the Constitution of India. Degree certificates submitted by candidates must be verified for authenticity before appointments.
Statutory provision(s): Articles 14, 16, 226 of the Constitution of India
Sangada Hansaben Malabhai v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2857126
