Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date

Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology after it was found that he incorrectly submitted the date of his Ph.D completion, and in fact was not possessing the qualification on the last date of application submission. The bench of Justice Anoop Kumar Dhand also opined that there could not be any waiver or relaxation in the terms and conditions of the “A large number of such candidates may not have applied adhering to the statutory rules, terms and conditions of the The petitioner participated in the recruitment process for the post of Assistant Professor at MNIT for which the candidates were required to possess Ph.D by the last date of application submission. It has been held by the Apex Court that such person cannot approach the Court for any relief for the reason that he does not have the right, which can be enforced through the Court.” The Court also observed that even in the appointment letter of the petitioner, it was mentioned that any if any information provided by the candidate was found to be incorrect, the authority had the right to withdraw or cancel the appointment. Furthermore, on the question of granting waiver or relaxation to the petitioner, the Court stated that like petitioner, there might have been many others who were not eligible to apply for the post owing to their adherence to the The Court referred to the Apex Court ruling in the case of Bedanga Talukdar v. Saifudaullah Khan which held that, “It is settled law that there can be no relaxation in the terms and conditions contained in the In this background, it was opined that since there was no reference of relaxation in the rules or the Accordingly, the petition was dismissed.