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Supreme Court of India 2019-04-09 dismissed

FOOD CORPORATION OF INDIA vs RIMJHIM

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

Food Corporation of India appealed against a High Court Division Bench order directing it to consider Rimjhim for appointment as Assistant Grade-II (Hindi) despite her failure to produce an experience certificate with her application. The Supreme Court upheld the Division Bench, holding that while one year's translation experience was essential, the mode and timing of proof was secondary. Since Rimjhim later produced authentic certificates proving she possessed the required experience, and the advertisement did not explicitly mandate production at application stage, the FCI wrongly rejected her. Procedure must serve substance, not override it. The Court applied the principle from Charles K. Skaria that confusing a fact with its proof is flawed reasoning. Appeal dismissed.

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