Appointment Contrary to Recruitment Advertisement Is Fraud on Public: Supreme Court

Supreme Court upholds cancellation of irregular Anganwadi Supervisor appointment

The Supreme Court held that appointment to a public post in disregard of qualifications stated in the recruitment advertisement amounts to a fraud on the public. The ruling came while dismissing an appeal against cancellation of an Anganwadi Supervisor appointment in Nashik district, Maharashtra.

The advertisement required at least ten years’ experience as an Anganwadi Sevika in Nashik district. The appellant had more than ten years’ experience, but in Jalgaon district, not Nashik. She was nonetheless appointed after an administrative clarification was issued by the Divisional Commissioner.

The Court held that the clarification could not override the applicable Government Resolution or the recruitment advertisement. It stressed that candidates who did not apply because they lacked the stated qualification are also prejudiced when the condition is later ignored.

Final outcome: The Supreme Court upheld the Bombay High Court’s judgment, confirmed cancellation of the appointment, and directed that benefits flowing from the High Court judgment be extended to the next eligible wait-listed candidate.

Case: Sunita Lahu Panchpande v. The District Collector & Ors.

Citation: 2026 LiveLaw (SC) 947

Bench: Justice Dipankar Datta and Justice Sheel Nagu

Source: LiveLaw