Apex Court Criticizes Administrative Oversight, Restores Termination of Ajay Kumar Malik for Concealment of Knock-Knee Condition
In a significant judgment dated April 20, 2026, the Supreme Court of India upheld the termination of Ajay Kumar Malik, a police constable from Uttar Pradesh, whose service was terminated due to medical unfitness, specifically for concealing a knock-knee deformity. The bench, comprising Justices Ahsanuddin Amanullah and N. V. Anjaria, set aside previous rulings by the High Court of Judicature at Allahabad and the State Public Services Tribunal, Lucknow, which had favored Malik's reinstatement.
The case, rooted in a series of recruitment irregularities in the Uttar Pradesh Police, began in 2005 when Malik was selected for the post of constable. Subsequent investigations revealed widespread malpractices, leading to a re-evaluation of selected candidates' medical fitness. Malik was found unfit due to a knock-knee condition and was initially terminated in 2007.
Despite a series of legal battles and provisional reinstatements, the Supreme Court ruled that Malik's initial concealment of his medical condition constituted fraud, rendering his appointment invalid. The Court emphasized that public interest and integrity must be prioritized in recruitment, particularly for uniformed services.
The Court also criticized the lack of due diligence by the state's recruitment authorities, highlighting systemic administrative lapses. It underscored the necessity for senior officers to exercise greater responsibility and caution during recruitment processes.
While the Court reinstated Malik's termination, it balanced equities by ruling that any wages for periods of actual service should not be recovered, and any unpaid amounts should be settled with interest.
This judgment serves as a pivotal reminder of the importance of transparency and adherence to eligibility criteria in public employment, particularly in roles critical to public safety and order.
Bottom Line:
Recruitment irregularities in public employment-Termination of service due to medical unfitness-Suppression of material facts regarding medical fitness amounts to fraud, rendering appointment invalid-No parity can be claimed with others who obtained employment through misrepresentation-Public interest and due diligence to be prioritized in uniformed services recruitment.
Statutory provision(s): Constitution of India, Article 136; Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47(1)
State of Uttar Pradesh v. Ajay Kumar Malik, (SC) : Law Finder Doc id # 2885751
