Summarize the following court judgment. ivil Appeal No. 2559 of 1988 From the Judgment and Order dated 31.8.1987 of A.P. Adminis trative Tribunal	 Hyderabad in R.P. No. 393 i of 1987. K. Madhva Reddy and G. Prabhakar for the Appellants. Y.P. Rao for the Respondent. 561 The Judgment of the Court was delivered by SAWANT	 J. The admitted facts in the present case are that the respondent applied for Grade I and Grade II teacher posts (Post Graduate Teacher and Trained Graduate Teacher posts respectively) in September	 1985 pursuant to a news paper 's advertisement calling for applications for the said posts. Admittedly	 the qualification prescribed in the advertisement for the said posts was a second class degree in M.A.	 and the respondent held a third class degree in M.A. However	 it appears that on December 27	 1985	 an order was issued wrongly by the first appellant appointing her as a Post Graduate Teacher in Hindi. The order stated that her appointment was subject to the production of original cer tificates and to the compliance with the other necessary formalities. When pursuant to the order	 the respondent approached the authorities with the certificates	 it was noticed that the respondent was not qualified for the post. She was	 therefore	 not allowed to join the service	 and was sent back. The respondent thereafter approached the Andhra Pradesh Administrative Tribunal at Hyderabad representing to the Tribunal that pursuant to the order of December 27	 1985 she had joined her duties on January 2	 1986 and that she should be allowed to continue in service with all the bene fits from that day. The Tribunal passed the impugned order directing the appellants to allow her to join the duties and to pay to her salary from the date she reported for her duties in compliance with the order of December 27	 1985. The Tribunal also awarded costs against the appellants. We are of the view that the Tribunal is clearly in error. The reasons given by the Tribunal in support of its order are	 firstly	 that the appellants had issued the order of appointment knowing fully well that she was not quali fied	 and secondly	 that she was selected for the appoint ment because there was no other candidate available with better marks. It has been brought to our notice during the course of the arguments that the original selection was made by mistake on the presumption that the respondent had satisfied the qualification requirements as stated in the advertise ment	 without scrutinising the certificates copies of which were sent with her application. The Selection Committee presumed that all those who had applied in response to the advertisement must have had the requisite qualifications needed for the posts. However	 the order appointing the respondent had made 562 it clear that the respondent should come along with the original certificates. When the respondent approached the appellants with the originals of the certificates which were scrutinised	 it was found that in fact she was short of the qualifications. It is in these circumstances	 that she was not allowed to join the service. It cannot	 therefore	 be said that the appellants had selected the respondent with the knowledge that she was under qualified. According to us	 there is a good deal of force in this contention. It is common knowledge that sometimes either by mistake or other wise the notes put up before the Selection Committee contain erroneous data prepared by the office	 and sometimes the Selection Committee proceeds on the basis that all those who appear before it	 are otherwise qualified. However	 the second stage at which the documents are scrutinised is when the higher authorities go through them at the time the candidate concerned approaches them for resuming duties along with the original certificates. It is at that stage that the mistake was discovered in the present case and the respondent was not permitted to resume her duties. We see nothing wrong in this action. The observation of the Tribunal that there were no other candidates available with better marks is	 in the circumstances	 a halftruth because assuming that she had better mark among those who had applied	 it seems that no one with second class had applied or the applications only of the third class candidates were considered. If so	 they were the applications of those third class candidates who had applied and not of all those who would have applied had the advertisement given an indication that those with a third class degree could also apply. It must further be realised by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same	 it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or even better qualifications than the appointee or appointees but who had applied for the post because they did not possess the qualifications mentioned in the advertise ment. It amounts to a fraud on public to appoint persons with inferior qualifications in such circumstances unless it is clearly stated that the qualifications are relaxable. No court should be a party to the perpetuation of the fraudu lent practice. We are afraid that the Tribunal lost sight of this fact. We are	 however	 informed that the respondent subsequent ly 563 acquired another degree in M.A. with second class and has qualified herself to be appointed to the said post. Whatever the merits of the decision given by the Tribunal	 we cannot forget that she was entitled to rely upon it till this time where she had succeeded. She was not allowed to join service on January 2	 1986 and thereafter she had approached the	Tribunal in January 1987. The decision of the Tribunal was of 31st August	 1987 and thereafter the present Civil Appeal was pending in this Court from December 1987 till this day. Considering the fact that she is compelled to serve	 that she has acquired the requisite qualification	 that today she may be overaged for the post and the further fact that many who were underqualified were appointed to the post earlier	 we feel that it will be unjust to deprive her of the post at this stage. We	 therefore	 set aside the impugned order of the Tribunal but allow the appeal partial ly and direct that the respondent should be appointed in the post from the beginning of the ensuing academic year 1990 91. Since Shri Madhav Reddy contended that there is no vacant post at present	 we further direct that	 if neces sary	 a post be created to accommodate her. She will	 howev er	 not be entitled to any benefits including back wages till her appointment. The parties will bear their own costs. N.V.K. Appeal allowed.

Pursuant to a newspaper advertisement by the State Government calling for applications for Grade I and Grade II teacher posts (Post Graduate Teacher and Trained Graduate Teachers) the respondent in the appeal applied for the same. The qualification prescribed in the advertisement was a second class degree in M.A. However	 the respondent who held a third class degree in M.A. was selected	 and an order was issued appointing her as a Post Graduate Teacher in Hindi	 subject to the production of original certificates	 and compliance with the other necessary formalities. When the respondent approached the authorities with her certificates	 it was noticed that she was not qualified for the post	 and was	 therefore	 not allowed to join service. The respondent approached the State Administrative Tribunal for relief	 which held that the appellants had issued the order of appointment knowing fully well that she was not qualified	 and that she was selected for appointment because there was no other candidate available with better marks	 and passed an Order directing the appellants to allow the respondent to join duty and pay her salary from the date she reported for duty. The appellants appealed to this Court. Allowing the appeal	 HELD: 1. When an advertisement mentions a particular quali fi 560 cation and an appointment is made in disregard of the same	 it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or even better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the adver tisement. [562F] 2. It amount to a fraud on the public to appoint persons with inferior qualifications unless it is clearly stated in the advertisement that the qualifications are relaxable. [562G] 3. No Court should be a party to the perpetuation of the fraudulent practice. The State Administrative Tribunal lost sight of this fact in the instant case. [562G] 4. It is common knowledge that sometimes either by mistake or otherwise the notes put up before the Selection Committee contain erroneous data prepared by the office and sometimes the Selection Committee proceeds on the basis that all those who appear before it	 are otherwise qualified. However	 the second stage at which the documents are scruti nised is when the higher authorities go through them at the time the candidate concerned approaches them for resuming duties alongwith the original certificates. It is at that stage that the mistake in the instant case was discovered	 and the respondent was not permitted to resume her duties. There is nothing wrong in such action. [562B C] [The Court felt it would be unjust to deprive the re spondent of the post at this stage	 as she had subsequently acquired another degree in M.A. with second class and there by qualified herself to be appointed	 that she may be over aged for the post and many who were underqualified were appointed to the post earlier	 and directed that she be appointed in the post from the beginning of the academic year 1990 1991.] [563B C]