JUDGMENT 1. Heard. 2. This Writ Appeal has been filed against the order dated 7.7.2009 passed in W.P. No. 573 of 2009. 3. Appellant-M.P. Public Service Commission issued an advertisement inviting applications for various posts. It was published in the Rozgar Aur Nirman dated 11th Sept. 2013. The respondent submitted his application also. He appeared in the preliminary examination and the main examination. The respondent was declared successful. He was permitted to appear in the interview, which was held on 20.9.2005. At the time of submitting the application, respondent submitted a caste certificate issued by Naib Tahsildar, Khamri (Kusmi), District Sargjua to the effect that he belongs to "Oraon" which was a Scheduled Tribe Caste. At the time of interview the respondent was directed to submit caste certificate issued by the competent authority i.e. SDO because as per the circular issued by the State of M.P., SDO was authorized to issue caste certificate. Thereafter a letter was issued to the respondent on 11.8.2005. He submitted a letter on 20.9.2005 that he would submit the caste certificate subsequently. Thereafter the respondent did not submit the caste certificate issued by the competent authority and a letter was issued by the Commission to the respondent on 18.11.2005 for submitting the caste certificate. The respondent failed to submit the caste certificate, hence, the appellant PSC did not declare the result of the respondent holding him ineligible to the post. 4. Being aggrieved by the said action, the respondent filed a Writ Petition before this court. The writ court allowed the writ petition on the reasoning that the respondent belongs to a caste "Oraon" which was a scheduled tribe caste. He submitted the caste certificate issued by the Naib Tahsildar dated 4th July 1998, however, the result of the examination was declared on 9th November 2005 and the respondent submitted the caste certificate issued by the competent authority on 14th October 2005, hence, he had fulfilled the criteria. 5. As per the advertisement issued by the PSC, a copy of which has been filed as Annexure R-2/D alongwith the Writ Petition, it was a condition mentioned as Condition No. 7 that the applicants had to submit self attested photo copy of all the necessary certificates. If the copies of the documents be not submitted, the application deemed to be rejected. If the copies of the documents be not submitted, the application deemed to be rejected. As per condition No. 7 (c), the applicant had to submit the caste certificate of Scheduled Caste/Scheduled Tribe issued by the SDO Revenue and higher authority. The relevant condition No. 7 (c) is as under :- 6. Admittedly the respondent did not fulfill the aforesaid condition. In spite of that his application was accepted. He was directed to submit caste certificate issued by the competent authority at the time of interview. He did not submit the same. As per the circular issued by the GAD dated 1.8.1996, the caste certificate certifying the caste of SC and ST shall be issued by the SDO Revenue or District Collector and Additional Collector and it is mentioned that the certificate issued by any other office shall not be accepted. Following is the relevant condition which is as under :- 7. Admittedly at the time of submitting the application, circular dated 1.8.1996 was applicable. The application submitted by the respondent was not in accordance with the terms and conditions of advertisement neither it was in accordance with the circular dated 1.8.1996. 8. The question is that whether the respondent had any legal right in spite of that to contest the selection process. 9. The aforesaid point has been considered by the Hon'ble Supreme Court in a recent judgment in the case of Rakesh Kumar Sharma Vs. Government of NCT, (2013) 11 SCC 58 . Hon'ble Supreme Court in the aforesaid case considered various judgments of the Hon'ble Supreme Court on the above subject and held as under :- "A person who does not possess the requisite qualification cannot even apply for recruitment for the reason that his appointment would be contrary to the statutory rules, and would therefore, be void in law, Lacking eligibility for the post cannot be cured at any stage and appointing such a person would amount to serious illegality and not mere irregularity. Such a person cannot approach the court for any relief for the reason that he does not have a right which can be enforced through court." 10. Hon'ble Supreme Court in the aforesaid judgment further held as under :- "16. In the instant case, the appellant did not possess the requisite qualification on the last date of submission of the application though he applied representing that he possessed the same. Hon'ble Supreme Court in the aforesaid judgment further held as under :- "16. In the instant case, the appellant did not possess the requisite qualification on the last date of submission of the application though he applied representing that he possessed the same. The letter of offer of appointment was issued to him which was provisional and conditional subject to the verification of educational qualification, i.e. eligibility, character verification etc. Clause 11 of the letter of offer of appointment dated 23.2.2009 made it clear that in case character is not certified or he did not possess the qualification, the services will be terminated The legal proposition that emerges from the settled position of law as enumerated above is that the result of the examination does not relate back to the date of examination. A person would possess qualification only on the date of declaration of the result. Thus, in view of the above, no exception can be taken to the judgment of the High Court. 17. It also needs to be noted that like the present appellant there could be large number of candidates who were not eligible as per the requirement of rules/advertisement since they did not possess the required eligibility on the last date of submission of the application forms. Granting any benefit to the appellant would be violative of the doctrine of equality, a backbone of the fundamental rights under our Constitution. A large number of such candidates may not have applied considering themselves to be ineligible adhering to the statutory rules and the terms of the advertisement. There is no obligation on the court to protect an illegal appointment. Extraordinary power of the court should be used only in an appropriate case to advance the cause of justice and not to defeat the rights of others or create arbitrariness. Usurpation of a post by an ineligible candidate in any circumstance is impermissible. The process of verification and notice of termination in the instant case followed within a very short proximity of the appointment and was not delayed at all so as to even remotely give rise to an expectancy of continuance. The appeal is devoid of any merit and does not present special features warranting any interference by this court. The appeal is accordingly dismissed. " 11. The appeal is devoid of any merit and does not present special features warranting any interference by this court. The appeal is accordingly dismissed. " 11. The court has specifically ordered that the extraordinary power of the court should be used only in an appropriate case to advance the cause of justice. It is further held that a large number of such candidates may not have applied considering themselves to be ineligible adhering to the statutory rules and the terms of the advertisement. In the present case also a large number of candidates, even though they belong to SC if they did not have proper certificate issued by the SDO Revenue, could not apply in view of the terms and conditions of the advertisement as mentioned above. In such circumstances, an undue favour could not be granted in favour of the respondent and there was no legal right in favour of the respondent to get appointment because the respondent did not submit required document at the time of submitting the application form and even at the time of interview. 12. Consequently, the appeal is hereby allowed. The order impugned passed by the writ court is hereby quashed. No order as to costs.