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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL, RAMESH SINHA
Ravi Tiwari, S/o. Rampol Tiwari – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Department – Respondent
Judgment :
Ramesh Sinha , CJ.
1. Heard Mr.Shalvik Tiwari, learned counsel for the petitioner as well as Mr.P.K.Bhaduri, learned Deputy Advocate General appearing for respondents No.1 to 3/State, Mr.Matin Siddiqui, learned counsel appearing for respondents No.4, 15, 22, 33, 41, 43, 44, 51, Mr.Manoj Paranjape, learned Senior Advocate assisted by Mr.Kabeer Kalwani, learned counsel appearing for respondents No.5, 28, 32, 40, 52, 57, 58, 62, 71, Mr.Ankur Agrawal, learned counsel appearing for respondents No.7, 8, 16, 31, 34, 39, 42, 46, 59, Mr.Rajeev Shrivastava, learned Senior Advocate assisted by Ms.Kajal Chandra, learned counsel appearing for respondent No.10, Mr.Moulik Shrivastava, learned counsel appearing for respondents 11, 12, 30, 50, 53, 54, 60, Mr.Vinod Kumar Sharma, learned counsel appearing for respondents No.13, 72, 73, Ms.Deblina Maity, learned counsel appearing for respondent No.20, Mr.Sudeep Johri, learned counsel appearing for respondents No.24, 26, 27, 56, 61, 63, 70, Mr.Kishore Bhaduri, learned Senior Advocate assisted by Mr.Pawan Kesharwani, learned counsel appearing for respondent No.55, Dr.K.S.Chauhan, learned Senior Advocate assisted by Mr.Ravi Prakash and Mr.Abhyud
Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Employment and Service matter - Recruitment Process on basis of advertisement - Qualification - It is well settled that suitability and eligibility have to be considered with reference to last date f....
The main legal point established in the judgment is that eligibility of a candidate must be judged with reference to the last date for receiving the applications, and a person who acquires the prescr....
The judgment emphasized the importance of fixed cut-off dates for determining eligibility and the need for candidates to possess the requisite qualification on or before the last date for submitting ....
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
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