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Job application after late issuance of registration

FACTS: 

  1. For the post of health worker(female) an advertisement was published listing all the  criteria and essential qualification. 
  2. One of the criteria was that the candidate was duly registered with the Uttar Pradesh Nurses and Midwife Council, Lucknow (U.P. Council).
  3. All the appellant were registered with the MP council, so they submitted the application  for UP council registration.
  4. The UP council took time to issue registration due to which the appellants were not  considered for further appointment for health worker.

Argument by appellant: 

  1. The appellant had already applied for UP council registration and NOC by MP council  was also provided within time. 
  2. Due to the delay in issuance of the registration by the UP council the appellant were  considered ineligible for the post of health work. 
  3. There is no lapse/delay on the part of the applicant, he cannot be punished for no fault attributable to him. Likewise, the appellant applied for the registration on time and the delay was on the part of the UP council. 

Argument by respondent: 

1.At the time of verification, the appellants were not registered under UP Council. 

Observation:  

  1. The decision passed by the SC in the case of Narendra Singh V. State of Haryana; (2022) 3 SCC 286 that the if the appellant has done their part on time and there is no delay or fault on their part, then they cannot be punished for the same. 
  2. Article 142 of the constitution of India provides discretionary power to SC that the SC in the exercise of is jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. 
  3. According to article 141 of Constitution of India that the decision of SC is binding on all the HC within the territory of India. The decision passed by the SC was needed to be followed by the HC in the given case according to article 141 of Constitution if  India and Doctrine of Stare Decisis.

Ratio decidendi: 

  1. The ratio decidendi in this case of Kumari Laxmi Saroj and ORS. V. State of UP and  ORS, was that the appellant did their part of work on time and was not at fault for  not providing registration of UP council for verification due to late issuance of  registration by UP council. 
  2. The facts clearly state that, the appellants applied for registration for UP council  before the last date of the application for the post of health worker, and the reason behind them not providing the same at the time of verification was due to the delay  in the issuance of registration by the UP council and not due to the delay on the part  of appellant. 
  3. According to the judgement passed in the case of Narendra Singh v. State of  Haryana 2022 3 SCC 286 were in exercise of the power under article 142 of  Constitution of India and is binding on all subordinate courts within the territory of  India according to article 141 of constitution. 

Judgement: Appeal allowed. 

Original Judgment : https://main.sci.gov.in/supremecourt/2022/22067/22067_2022_5_1503_40618_Judgement_15-Dec-2022.pdf

Written by: Anchal Pagar, New Law College, Bharati Vidhyapeeth, Pune

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