The Supreme Court has ruled that exam marks cannot cure a missing essential qualification. A Goa candidate scored 96, two more than his rival, but lost the job. His open-schooling 10th certificate did not meet the recruitment rule.
Justice Aravind Kumar and Justice Vipul M. Pancholi delivered the ruling. It is cited as 2026 INSC 1089, in Civil Appeal No. 13460 of 2026. The case is Santosh B. Naik versus State of Goa.
What did the Supreme Court decide in Santosh B. Naik v. State of Goa?
The Supreme Court held that a higher mark cannot replace a qualification the rules make compulsory.
Marks secured in the written examination cannot cure the absence of an essential qualification prescribed under the Recruitment Rules.
Eligibility comes first. Merit is weighed only after that.
Comparative merit can be considered only amongst candidates who satisfy the prescribed eligibility conditions.
Why did the candidate with 96 marks lose the Plumber instructor post?
The higher scorer led on marks but failed on eligibility. He scored 96 in the written exam.
Santosh B. Naik scored 94, two marks less. Naik held the exact qualification the rules asked for.
The post was Vocational Instructor (Practical) in the trade of Plumber. It is a Goa government job.
The rules wanted a 10th pass under the 10+2 system. That means ten years of school, then two years of higher secondary.
The rival held a certificate from the National Institute of Open Schooling. This body, known as NIOS, runs open and distance schooling across India.
| Candidate | Marks | 10th qualification | Result |
|---|---|---|---|
| Santosh B. Naik | 94 | 10th under 10+2 system | Appointment restored |
| Respondent No. 3 | 96 | NIOS Secondary Certificate | Held ineligible |
Two marks separated them. The rule decided the result, not the score.
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Does an NIOS certificate count as a 10th pass under the 10+2 system?
No, not on its own. The rules must allow NIOS first.
His NIOS certificate was treated as equal to a 10th pass by the Goa Education Board. The recruitment rules still asked for a 10th pass under the 10+2 system.
Such recognition may establish the acceptability of the qualification for the purposes for which it is granted. It cannot, by itself, amend or enlarge the eligibility condition.
The rules held no clause treating NIOS as meeting the 10+2 line. Without such a clause, his certificate did not qualify.
What did the Bombay High Court order that the Supreme Court set aside?
The Bombay High Court had ordered the state to treat the higher scorer as eligible. That order was dated January 11, 2024.
In appeal, the Supreme Court set that order aside. Naik’s selection was restored from March 24, 2023.
Can a court change an essential qualification fixed by recruitment rules?
Ordinarily, no. A court reviews the rules. It does not rewrite them.
Courts, while exercising judicial review, ordinarily cannot add to or alter the essential qualifications prescribed under the Recruitment Rules.
So who writes the eligibility conditions? The rule-making authority sets them, not the judge.
What NIOS and open-schooling students should check before applying
Read the eligibility clause word by word before you apply. A general equivalence certificate may not be enough.
If a rule names the 10+2 system, check that your board is covered. NIOS students should look for a clear equivalence clause.
Higher marks will not fix a missing eligibility condition. That is the plain lesson of this Supreme Court ruling.
NIOS se 10th kiya hai, kya main “10+2 system” wali sarkari job le sakta hoon?
Only if the recruitment rules accept NIOS for that post. Open the rule and find the exact qualification line.
Say it names the 10+2 system with no NIOS equivalence. Then your certificate may be rejected, whatever your marks. Ask the recruiting body in writing before the last date.
Frequently Asked Questions
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Last verified: October 7, 2026
Disclaimer: Dates, fees, cutoffs and eligibility can change without notice. Check the official recruitment rules and the Supreme Court judgment before you act.
