Eligibility for Selection – Possession of Prescribed Qualification

The principle enunciated by the Hon’ble Supreme Court in State of U.P. v. Vijay Kumar Mishra, (2017) 11 SCC 521 are as under:
“The position is fairly well settled that when a set of eligibility qualifications are prescribed under the rules and an applicant who does not possess the prescribed qualification for the post at the time of submission of application or by the cut-off date, if any, prescribed under the rules or stated in the advertisement, is not eligible to be considered for such post. It is relevant to note here that in the rules or in the advertisement no power was vested in any authority to make any relaxation relating to the prescribe qualifications for the post. Therefore, the case of a candidate who did not come within the zone of consideration for the post could not be compared with a candidate who possessed the prescribed qualifications and was considered and appointed to the post. Ramesh Chand v. State of Haryana, (2017) 11 SCC 516.

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Filed under Eligibility for Selection, Employment Law

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