Supreme Court: General Fraud Allegations Cannot Extend Limitation under Section 74 CGST Act  ||  SC: ‘No Coercive Steps’ Order Cannot Restrain Filing of Charge Sheet  ||  Chhattisgarh HC: Maintenance for Autistic Child May Continue Beyond 18 Until Self-Sufficient  ||  P&H HC: 45-Day Delay in Informing Detenue of Representation Right Violates Article 22(5)  ||  Rajasthan HC Bars Courts from Protecting those Responsible for Building Defects at their Own Peril  ||  Allahabad HC: Clarification Issued Before Decision Applies to Pending Tender Complaints  ||  Allahabad HC: Father’s Custody Cannot be Denied without Proof of Guardianship Unfitness  ||  Bombay High Court: Each Petitioner Must Pay Court Fee Where Causes of Action are Separate  ||  P&H High Court: Counsel’s Ignorance of Readily Available Prior Litigation Amounts to Dereliction  ||  SC: Amendments to Government Orders Must Be Construed Fairly to Prevent Hardship    

Laxmi Saroj and Ors. vs. State of U.P. and Ors. - (Supreme Court) (15 Dec 2022)

When there is no lapse/delay on the part of the Applicant, he cannot be punished for the same

MANU/SC/1621/2022

Service

The original writ Petitioners have preferred the present appeal feeling aggrieved with the impugned judgment and order passed by the High Court by which, the High Court refused to issue a writ directing the Respondent(s) to appoint them on the post of Health Worker (Female).

The date of advertisement inviting applications was 15th December, 2021. The last date of submitting the application was 5th January, 2022. Because of the late issuance of the registration by the U.P. Council, the Appellants could not produce the U.P. Council registration either on the last date of the application and/or at the time of verification of documents and therefore, they were held ineligible. There was no fault on the part of the appellants in not producing the U.P. Council registration either at the time of submitting the applications forms or even at the time of verification of the documents. Therefore, for no fault(s) of theirs, the appellants could not have been made to suffer.

The issue involved is directly covered by the decision of this Court in the case of Narender Singh vs. State of Haryana and Ors. In the said decision, it is observed and held by this Court that once it was found that there was no lapse/delay on the part of the applicant and/or there was no fault of the appellant/applicant in not producing the NOC at the relevant time, he cannot be punished for the same. If it is found that, there is no lapse/delay on the part of the applicant, he cannot be punished for no fault attributable to him. On applying the law laid down by present Court in the case of Narender Singh vs. State of Haryana and Ors., the impugned judgment and order passed by the High Court is set aside. Appeal allowed.

Tags : APPOINTMENT   ELIGIBILITY   DIRECTION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved