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Himakshi v. Rahul Verma

Civil Appeal · 2026 INSC 391Decided 20 Apr 2026
C.A. No.-005942-005942 - 2023
Justice J.K. Maheshwari · Justice Atul S. Chandurkar

Background

The Himachal Pradesh Board of School Education advertised a post of Computer Hardware Engineer requiring a specific technical degree with at least five years' experience in a "computer manufacturing/maintenance company of repute." Himakshi was selected and appointed, but a rival unsuccessful candidate, Rahul Verma, challenged the selection. The High Court's Division Bench found that neither candidate actually met the prescribed essential qualifications at the time of recruitment and set aside Himakshi's appointment, prompting cross-appeals: one by Himakshi contesting her removal, and one by Rahul seeking his own appointment instead.

Decision Breakdown

The Supreme Court examined the actual work experience of all candidates involved and found that none of them (including the selected candidate, the unsuccessful candidate, and even the waitlisted candidate) possessed the specific type of experience required by the recruitment rules, showing the entire selection process had not been scrutinized with due rigour. The Court held that Himakshi's appointment could not be sustained in law since she did not meet the essential eligibility criteria. However, it also rejected Rahul's plea to be appointed instead, holding that a court cannot direct appointment of a candidate merely because another candidate's selection was invalid, unless that candidate's own entitlement is clear and rule-compliant: here it was not. The Court upheld the High Court's decision to set aside the appointment but declined to order a fresh selection process, leaving it open to the Board to hold a fresh recruitment if it wished. Both appeals were dismissed.

Lesson Learnt

In public employment, an appointment made without genuine compliance with prescribed eligibility criteria cannot be sustained even after a long period of service, but the remedy for a flawed selection process is not automatic appointment of a rival candidate. Courts will only direct appointment where that candidate's own legal entitlement is clear and unambiguous.

Official source (sci.gov.in)View Judgment (PDF)

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