Srinagar- Appointment of a candidate to an office, post or position would be a nullity in the eye of law, if the person appointed or engaged against such post lacks the basic eligibility qualification prescribed for the post, the High Court of J&K and Ladakh said on Thursday as it quashed engagement of an Anganwari Helper after 15 years.
“An appointment, which is a nullity in the eye of law, cannot be validated only on the ground that the person so appointed has continued on the post/ position for a pretty long time, more particularly when the continuation of such candidate in service is in pursuance of the interim orders passed by the Court/ Tribunal or some other competent authority,” said a division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta while quashing engagement of an Anganwari Helper after 15 years for lacking basic qualification of 8th pass.
The authorities concerned had in 2010 invited applications for engagement of Anganwadi Helpers in Block Lar. The advertisement notification prescribed a minimum qualification of 8th Pass for the post of Anganwadi Helper. It was also provided in the advertisement notification that in case no Middle Pass candidate was available, the candidate with lesser qualification was to be considered. However, the candidate (Appellant), as also the Respondent No.6 (selected candidate) responded to the advertisement notification. On the recommendations of the concerned Sarpanch and, having regard to the fact that the Respondent No.6 (selected candidate) was a widow and belonged to a BPL family, she came to be engaged as Anganwadi Helper in January, 2011. The High Court’s Single Bench came to the conclusion that the Respondent No.6 (selected candidate), being a widow, belonging to the BPL category, fulfilled the eligibility criteria and, therefore, had been rightly engaged as Anganwadi Helper by the authorities. Feeling aggrieved, the appellant challenged it before the Division Bench.
The Division Bench underlined that the issue of preference can only be applied once the candidates belonging to the preferred category hold the basic eligibility.
“This aspect of the matter has not been considered by the Writ Court (Single bench). We are at a loss to find any material on record, on the basis whereof, the Writ Court could have come to the conclusion that even the Appellant was not eligible,” the Division Bench said, observing that appellant, “as it appears, has been held ineligible by the Deputy Commissioner and by the Writ Court on the ground that he does not belong to the BPL category.”
“…we are of the view that, while invoking equity in favour of Respondent No.6, we need to look to the plight of a candidate, Appellant herein, who had been fighting her battle in the Courts of law for the last more than 15 years,” the Court said, adding, “The Appellant herein, who was entitled to be engaged as Anganwadi Helper, was denied the engagement, so as to confer wrongful benefit upon the Respondent No.6. She immediately protested and took to legal recourse.”
The Court said that it was a different matter that a litigation launched by the Appellant to enforce her right took almost 15 years to attain finality before the Court.
“It would be totally unfair and highly inequitable to tell the Appellant that, though, she has succeeded in the litigation and is found entitled to engagement, yet she will not be given such engagement, for the reason that under the Court orders, the Respondent No.6 has continued for 15 years,” the Court said, adding, “Equities are not only meant for one party. The Court needs to balance the equities and to ensure that justice is meted out to both the parties.”
Subsequently the Division Bench accepted the appeal and set aside the Judgment and Order passed by the Single bench.
“Consequently, the engagement of the Respondent No.6 as Anganwadi Helper is quashed. The official Respondents shall proceed to select and engage the next meritorious and eligible candidate in the panel within two months from the date a copy of this Judgment is served upon them.”
The Court however, left it to the Government to adjust the Respondent No.6 against an available post of Anganwadi Helper in some Anganwadi Centre, provided there is no candidate with 8th Pass qualification available in the concerned hamlet.
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