VidhiSangh

Supreme Court of India · 30/10/2023

SUDHIR SINGH AND OTHERS versus STATE OF U.P. AND OTHERS

[2023] 14 S.C.R. 135 · 2023 INSC 960

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Summary

The Supreme Court upheld cancellation of Village Development Officer appointments because the appellants were still serving in the Armed Forces at the recruitment cutoff and could not claim the ex-servicemen category under the applicable framework. Later release and prospective no-objection certificates did not cure the defect. They also failed to demonstrate the required computer-certificate equivalence. Pay for work actually performed was protected from recovery, with refund of any recovery already made.

Issues

  1. Whether later release from the Armed Forces or an NOC established ex-servicemen eligibility at the recruitment cutoff.
  2. Whether the required computer qualification or its equivalence was demonstrated.

Held

Result

Appeal dismissed and High Court judgment upheld, without costs. Payments for actual service protected from recovery; amounts already recovered on that basis directed to be returned forthwith.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 135.