VidhiSangh

Supreme Court of India · 17/10/2019

THE STATE OF BIHAR & ORS. versus DEVENDRA SHARMA

[2019] 15 S.C.R. 990 · 2019 INSC 1157

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Bihar Health Department appointees sought reinstatement or regularisation after scrutiny classified their appointments as forged or illegal. The Court distinguished merely irregular appointments from appointments made through forged eligibility documents, incompetent authorities, absent sanctioned posts or an arbitrary process denying equal opportunity. It upheld termination of the latter appointments and rejected long service as a basis to regularise them.

Issues

  1. Whether the disputed appointments were merely irregular or illegal under Umadevi.
  2. Whether long service or a claimed appointment power supported reinstatement or retirement benefits.

Held

Result

The State’s appeals were allowed and the High Court’s 12 July 2011 and similar orders set aside. The candidates’ appeals against the 24 September 2014 decision were dismissed, as were the three specified appeals involving forged eligibility qualifications. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 990.