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Raj D   23 February 2024

Illegal appointment

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.


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.


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

If the recruitment of the candidates has been held as null and void then the recruitment board can take decision either to appoint the wait listed candidates to replace the terminated employees or take action as per the prevailing laws. 

1 Like

Dr. J C Vashista (Advocate )     24 February 2024

Yes, the wait-listed candidate shall be offered the job. 

1 Like

Raj D   24 February 2024

Thankyou Kalaiselvan Ji and Vashishtha ji.

To me, once the institute has admitted the ineligibility (and hence illegality) in its own report, and later in tribunal by not contesting the ineligibility grounds, the authorities are supposed to act as per the CCS rules and cancel the appointment, rather than me approaching the court for seeking a direction to the authorities to cancel the appointment. Authorities are obligated to follow the rules and do not need directions of courts. Not following the rules could also be termed as scrime under section 166. Kindly share your opinion. Thanks.  

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

If you are affected and aggrieved by the reluctant attitude of the government side, then you only have to take steps to get your grievances redressed as per law.

Dr. J C Vashista (Advocate )     25 February 2024

You will have to wake up the authorities.

Sudhir Kumar, Advocate (Advocate)     25 February 2024

are you wiatlisted candidate?

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