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Supreme Court of India 2019-10-17 allowed

State of Bihar & Ors vs Devendra Sharma

Bench: 3 — Sanjay Kumar, Alok Aradhe

In Brief

The Supreme Court examined multiple appeals concerning employees appointed to positions without sanctioned posts, public advertisements, or proper recruitment procedures. The Court held that such appointments are illegal ab initio—not merely irregular—as they represent wholly arbitrary processes involving nepotism and favoritism. Employees appointed through such illegal means cannot claim civil servant status or seek regularization. The Court allowed the State's appeals challenging the High Court's regularization orders, distinguishing illegal appointments (void from inception) from merely irregular appointments (potentially capable of regularization under limited circumstances).

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Constitutional Law Administrative Law Employment Law Recruitment Regularization Civil Service Illegal Appointments

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