1990 (4) TMI 283 - SC - Indian Laws

Summary

Issues involved:
The issue involves the appointment of a respondent for Grade-I and Grade-II teacher posts based on incorrect qualifications, leading to a dispute regarding her eligibility and subsequent rights to the position.

Summary:
The respondent applied for Grade-I and Grade-II teacher posts with qualifications lower than those advertised. An erroneous appointment was made, but upon verification, it was found she did not meet the required qualifications. The Andhra Pradesh Administrative Tribunal ordered her appointment and back pay, citing lack of qualified candidates. However, the Supreme Court found the Tribunal in error, noting the mistake in selection process and the importance of adhering to advertised qualifications to avoid fraud on the public. Despite the respondent later acquiring the necessary qualifications, the Court partially allowed the appeal, directing her appointment from the academic year 1990-91, potentially creating a new position if needed, but without entitlement to back wages.

The Court emphasized the significance of adhering to advertised qualifications to prevent fraudulent practices and ensure fairness to all applicants. It acknowledged the respondent's subsequent qualification but balanced it with the need for justice and fairness in the appointment process.