W.P. No.20660/2011 10.12.2011 : Shri Varun Kumar, learned counsel for the petitioner. Shri V. Sharma, learned Panel Lawyer for the respondents. Claiming regularization on the post of Driver, petitioner had earlier filed W.P. No.12487/2007(s). At that point of time it was his case that persons similarly situated have been regularized and therefore, petitioner's case should also be considered for regularization. After taking note of rival contentions and after considering the requirement of the Recruitment Rules i.e. M.P. Class III Non (Clerical) Forest Service Employment Rules, 2000, it was found by this Court that under the Recruitment Rules, a person has to be 8th Class pass for being appointed as Driver and as petitioner does not possess this qualification, as he was only 5th Class pass, does not fulfill the requisite qualification, his claim was rejected by this Court. Now petitioner contends that he has already passed 10th examination as is evident from Annexure P/9 and therefore, his case should be reconsidered. Qualification acquired by the petitioner is in August 2010 i.e. much after his initial date of appointment. If petitioner was not qualified as per Recruitment Rules, at the time of his initial appointment this Court cannot direct for his regularization, for the simple reason that the initial appointment of the petitioner on the post is contrary to the Recruitment Rules and is come in the category of an "illegal appointment" as held by the Supreme Court in the case of Secretary, State of Karnataka & ors. Vs. Uma Devi & ors. – (2006)4 SCC 1 , and a illegal appointment cannot be regularized as prayed for by the petitioner. That apart, if similarly situated persons have been regularized, liberty has already been given to the petitioner to challenge their regularization. Accordingly, finding no case for interference again in the light of the order passed in W.P. No.12487/2007 (s), this petition is dismissed. (Rajendra Menon) Judge Mrs mishra