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Supreme Court of India 2018-07-12 allowed

Sunil Shamrao Jadhav & Ors vs Kolhapur Municipal Corporation & Ors

Bench: 2 — Kurian

In Brief

The Kolhapur Municipal Corporation recruited 15 Assistant Traffic Inspectors in 1992, relaxing the required five years experience because no candidates possessed it. A trade union challenged the appointments as illegal. The High Court agreed the relaxation was improper but, noting the appointees had served 10+ years, allowed them to continue with fresh recruitment. The Supreme Court, finding the Corporation had delegated power to relax qualifications and considering the appointees had served 23 years and the Corporation faced critical operational needs with no eligible promotees available, allowed the appeals. The Court upheld the appointees' continuance and directed the Corporation to promote eligible candidates as they became available.

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