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Supreme Court of India 2022-12-15 allowed

Kumari Laxmi Saroj & Ors vs State of U.P. & Ors

Bench: 2 — M. R. Shah, Hima Kohli

In Brief

Four female candidates applied for positions as Health Workers based on an advertisement requiring registration with the Uttar Pradesh Nurses and Midwife Council. Though all candidates (except one) applied for U.P. Council registration before the advertisement date, the Council delayed issuing registration until after document verification. They were declared ineligible solely for lacking this certificate at verification. The Supreme Court held candidates cannot be penalized for delays caused by regulatory bodies when they had timely applied. The Court quashed the High Court's dismissal and directed their appointment, clarifying that Article 142 powers are not limited to protecting already-appointed employees but extend to ensuring justice where candidates meet essential criteria despite procedural delays beyond their control.",

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