Legal Analysis: Himakshi vs. Rahul Verma & Ors

Citation: 2026 INSC 391
Court: Supreme Court of India
Bench: Justice J.K. Maheshwari and Justice Atul S. Chandurkar (Division Bench)
Judgment Author: Justice J.K. Maheshwari
Date of Decision: April 20, 2026
Nature of Judgment: Civil Appeal under Article 136 against High Court Division Bench judgment setting aside selection and appointment.

Synopsis of the Judgment

The Himachal Pradesh Board of School Education advertised the post of Computer Hardware Engineer requiring a B.E./B.Tech with at least 5 years’ experience in computer manufacturing/maintenance, with preference for M.Tech. The selected candidate (Himakshi) had only 1 year of experience but held an M.Tech degree and secured the highest marks. The unsuccessful candidate (Rahul) challenged her selection. The Single Judge upheld her appointment, but the Division Bench set it aside, holding that neither candidate satisfied the essential experience requirement. The Supreme Court upheld the Division Bench, ruling that a higher qualification (M.Tech) cannot substitute for the mandatory essential qualification of 5 years’ experience. The power of relaxation under the Rules was not exercised with recorded reasons. The Court declined to grant equitable relief to the selected candidate who had served for several years, as the defect went to the root of eligibility. No direction for appointment of any other candidate was issued, and the Board was left free to issue a fresh advertisement.

1. Basic Information of the Judgment

Field Details Case Title Himakshi vs. Rahul Verma & Ors. (with connected appeal) Civil Appeal Nos. 5942 of 2023 and 5943 of 2023 Bench Justice J.K. Maheshwari and Justice Atul S. Chandurkar Date of Decision April 20, 2026 Citation 2026 INSC 391 Appeal From Judgment dated 23.04.2021 of Himachal Pradesh High Court Division Bench in LPA No. 49/2020

2. Legal Framework

Laws and Rules Involved:

• Recruitment and Promotion Rules for the Post of Computer Hardware Engineer (Himachal Pradesh Board of School Education): Rule 7 (minimum educational and other qualifications), Clause 2 preceding Rule 7 (relaxation of age and experience for otherwise well-qualified candidates), Rule 18 (power to relax any provision for reasons recorded in writing).

• Constitution of India, 1950: Articles 14 and 16 (equality in public employment).

• Service Jurisprud

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