Dear members
This is related to a case where a central government institute appointed an ineligibile candidate. A complaint was smade to CVC/PMO, after which an investigation was conducted and the candidate was found to be ineligibile.
In such situation, as per the CCS rules (of DOPT):
"wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed."
Further, there are multiple court orders where it has been consistently held that such ineligibile appointments are void ab initio.
Question:
1. If the institute has admitted that the candidate was not ineligibile, isn't it automatically becomes void ab initio as per the CCS rules and the autorities are obligated to cancel it?
2. If the waitlisted candidate approaches court seeking appointment, is it mandatory that he also has to make a prayer for cancellation of the appointment? Please note that the defendant do not contest the grounds of ineligibility.
My understanding is that once the institute acceptes that appointment is against the statutory law, and hence illegal, it automatically stands cancelled.
Kindly advise. All your thoughts/suggestions would be much appreciated.
Thanks so much.
