Batch of writ petitions challenged rejection of candidature for Lecturer posts because petitioners lacked requisite educational qualification before the written examination date. Court held cut-off date must be strictly adhered to; delay in university result declaration does not entitle relaxation. Petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5773/2023
----Petitioners
Versus
----Respondents
And other similar matters as per Schedule appended
| For Petitioner(s) | : | Ms. Supriya Saxena Mr. Vigyan Shah Mr. Ram Pratap Saini, Mr. Aamir Khan Mr. Rajpal Dhankhar Mr. Sukhraj Singh Rathore Ms. Komal Kumari Giri, Mr. Bajrang Sepat Mr. Aditya Sharma, Mr. Chandra Shekhar Mr. Sunil Kumar Sigodiya Mr. Prateek Mathur |
|---|---|---|
| For Respondent(s) | : | Mr. Jaswant Persoya Mr. S. Zakawat Ali, AGC Mr. Vinod Kumar Gupta Mr. M. F. Baig Mr. Punit Singhvi Mr. Ajay Singh Rathore Ms. Anita Aggarwal Mr. Himanshu Mr. Sudhir Yadav Dr. Y. C. Sharma |
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
23/08/2023
petitions revolves around the fact that petitioner(s) could not
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acquire the requisite educational qualification for the post of Lecturer-School Education in different subjects upto the cut off date i.e. the date of holding the written competitive examination as per the essential condition envisaged in the advertisement itself, yet petitioner(s) has come up with a case that he/she had appeared in the examination of final year of the requisite educational qualification held by the university concerned before the date of competitive examination, however due to the delay/negligence in declaring the result of the requisite qualification on the part of the concerned university, subsequent to the date of conducting the competitive examination, wherein the petitioner(s) has passed the final year examination, and since the delay in declaring the result of final year of the requsite education qualification is not attributable to the petitioner(s) but it is on the part of university concerned, therefore, the candidature of petitioner(s) be considered on merit for appointment on the post of Lecturer-School Education in respective subjects treating him as having acquire the requisite educational qualification. Few of writ petitioners have filed writ petitions before rejection of the candidature by the RPSC and few others have filed writ petitions after rejection of candidature by the RPSC only on the ground of not acquiring the requisite educational qualification for the post in question before or upto the date of conducting the written competitive examination and hence, all writ petitioners are jointly aggrieved by nonconsideration of their candidature on merits for appointment on the post in question. The relevant condition as envisaged in the
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advertisement issued by the RPSC and which is in conformity to the proviso appended to Rule 17 of the Recruitment Rules of 2021, reads as under:-
:शै्ቌ णणቶक अरअहቱत ቷ सቶढंबቶढंध ቓቂ ቱप वቷ ंध ቱन ቷ
"पद की अपेकषኌत श षኌकተᮋक अरकत᭶ᮧ के अሺቩकतम वरक मव सक मकᮮ⸅त रⒽ┬आ र⒜ᰋ ᯛ᭶ᮧ सक मकᮮ⸅त र⒜ᰋने व᭶ᮧᮮ⸅᭶ᮧ व्ᯛकतኌ भभॠ आवेदन करने के कᮮ⸅ए प᭶ᮧ्ቔ र⒜ᰋोቐ᭶ᮧ, ककनतत उसे आᯛ⒜ᰋोቐ द᭶ᮧर᭶ᮧ आᯛ⒜ᰋकቋኊत्ቚ कतᯛ⒜ᰋोቐभॠ परभॠषኌ᭶ᮧ से पसवक श षኌकተᮋक अरकत᭶ᮧ अकቋኊकत करने क᭶ᮧ सबसत देन᭶ᮧ र⒜ᰋोቐ᭶ᮧ ।"
3.1 The Rajasthan Public Service Commission, Ajmer (for short “the RPSC”) through advertisement dated 28.04.2022 invited applications for appointment on the post of Lecturer-School Education in different subjects by way of Direct Recruitment under the Rajasthan Education (State and Sub-Ordinate) Service Rules, 2021 (for short “Rules of 2021”). As per the condition envisaged in the advertisement, it is clear that the aspirant/candidate in the final year of the requisite educational qualification for the post in relevant subjects will also be eligible to apply but he/she will have to produce the proof of having acquired the requisite educational qualification before the date of conducting competitive examination by the RPSC.
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3.2 Both petitioners of CWP NO.5773/2023 were undergoing their post graduation course and were studying in final year of P.G. Course, however pursuant to the advertisement dated 28.04.2022 being eligible applied for the post of School Lecturer in English and Political Science. The written competitive examination of petitioners were conducted by RPSC on 11.10.2022, 14.10.2022 and 17.10.2022. Prior to that, both petitioners had appeared in the examination of final year of P.G. Course on 26.07.2022 and 28.07.2022, however result of the same came to be declared on 10.11.2022 and they have passed the P.G. Course. Petitioners were also declared to qualify the written competitive examination by RPSC, but apprehending that their candidature would not be considered on merits, since the requisite qualification of P.G. was not acquired before the date of conducting the competitive examination, apparently due to declaration of result of final year of P.G. subsequently, hence they have filed writ petition for consideration of their candidature on merits for appointment on the post of School Lecturer (School Education) for subject English and Political Science.
3.3 In SBCWP No.17689/2022, both petitioners have make out a case that they applied for the post of School Lecturer in subject Geography pursuant to the advertisement dated 28.04.2022 and at the time of filing Online application forms, they were studying in the final year of M.A. (Geography) at Vardhman Mahaveer Open University (VMOU). As per the schedule of VMOU, the final year examination of M.A. (Geography) of petitioner No.1 was allegedly due in December, 2021 and of petitioner No.2 in January 2021,
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however due to Covid-19, the examination of final year were not conducted by the VMOU on time and same were conducted on 01.08.2022 and 03.08.2022. On the same dates, final year examination of M.Sc. (Geography), M.A. Geography (Final) (Lateral Entry) was also conducted by VMOU and the result of such examination was declared on 15.10.2022, yet the university committed delay in declaring the result of M.A. Geography (Final) of petitioners as the same was declared/uploaded on 22.10.2022. Prior to the declaration of result of petitioners for final year of M.A. Geography on 22.10.2022, the RPSC conducted the written competitive examination for School Lecturer (Geography) on 15.10.2022 and 16.10.2022 by way of two papers (Paper-I & Paper-II). Petitioners state that it is absolutely a fault on the part of VMOU in declaring/uploading the result of final year of M.A. (Geography) of petitioners on 22.10.2022, though the result of other P.G. Degree Course i.e. M.Sc. Geography (Final) and M.A. Geography (Final) (Lateral Entry) had been declared on 15.10.2022. The result of petitioners also be treated to be declared on 15.10.2022 instead of 22.10.2022, and hence, petitioners be held eligible to acquire the requisite educational qualification of P.G. Degree Course before or upto the date of conducting the competitive written examination for the post of School Lecturer (Geography) on 15.10.2022 by the RPSC, as such their candidature be considered for appointment on the post in question. After filing writ petition, both petitioners moved an application disclosing that the RPSC has declared the provisional result of the competitive examination on 16.05.2023 wherein both
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petitioners have been shortlisted to check the eligibility and document verification, petitioners may not be deprived from consideration of their candidature on merits for the post of School Lecturer (Geography), merely on account of delayed declaration of the result of M.A. (Geography) final year, after conducting the competitive examination by the RPSC. Be that as it may, the clinching issue emerges that it is not in dispute that both petitioners have not acquired the requisite educational qualification of M.A. (Geography) before the cut off date i.e. conducting the written competitive examination by the RPSC for the post of School Lecturer (Geography), which is mandatory, as per condition envisaged in the advertisement itself.
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been declared passed, therefore, petitioners be treated to have acquired the requisite educational qualification on the date of conducting the competitive written examination by the RPSC. It has been argued that some of universities like; Vardhman Mahaveer Open University, Kota, Rajasthan Rishi Bhartrihari Matsay University, Alwar, Maharshi Dayanand Saroswati University, Ajmer have accepted the delay and fault on their part in declaring the result of final year examination of the respective degree courses of P.G./B.Ed., as the case may be, and have written letters to the Secretary, RPSC to treat their students as eligible for the competitive examination and requested that students may not be put to suffer due to the delayed declaration of result.
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on the last date of application and/or at the time of verification of documents, and therefore, they were held ineligible. In that context of factual matrix, the Hon'ble Supreme Court observed that there was no fault on the part of writ petitioners in not producing the U.P. Council Registration within time, therefore, petitioners could not have been made to suffer. The Hon'ble Supreme Court placed reliance on its decision in the previous case Narendra Singh Vs. State of Haryana and Ors, [(2022) 3 SCC 286].
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for acquiring the essential and requisite qualification deserves to be given its due credence and may not be disturbed/extended/relaxed by the Court in exercise of powers of judicial review under Article 226 of the Constitution of India, more particularly, when such cut off date is in conformity to the statutory rules, and there is no rule to relax such condition. The proposition of law on the issue in question is well established in catena of judgments, reference of few have been made and therefore, it has been prayed that the prayer of writ petitioners is devoid of substance and is not liable to be accepted.
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the requisite educational qualification are different subject wise and vacancies for the post of Lecturer-School Education were notified for as many as 26 subjects from Serial No.1 to 26, therefore, it would be appropriate to reproduce the requisite educational qualification as indicated in the advertisement itself, alongwith the condition concerned to petitioners thus:-
"अणनवቱቷरअ शै्ቌणणቶक रቄ५ोगरहतቱቷए :
(1) उपर्अकቱቷ पद ्ቅ म सቶढंखरቱቷ 6 से 20 हतक के णिरे :- Post Graduate or equivalent examination recognized by UGC in the relevant subject with Degree or Diploma in Education recognized by the National Council of Teacher Education/Government. (पद ्ቅ म सቶढंखरቱቷ 1 के णिरे):- Post Graduate or equivalent examination recognized by UGC with Zoology/Botany / Micro Biology/Bio Technology provided they have studied Botany and Zoology at Gradutation level with Degree or Diploma in Education recognized by the National Council of Teacher Education/Government.
(पद ्ቅ म सቶढंखरቱቷ 2 के णिरे (i) Post Graduate or equivalent examination recognized by UGC in Commerce with B.Com. OR Post Graduate or equivalent examination recognized by UGC in Commerce, having at least two teaching subject for Higher Secondary classes as prescribed by the Board of Secondary Education, Rajasthan, Ajmer for Commerce group. (ii) Degree or Diploma in education recognized by the National Council of Teacher Education/Government.
पद ्ቅ म सቶढंखरቱቷ 3 के णिरे):- Post Graduate or equivalent examination recognized by UGC in Music or the qualification declared equivalent thereto by the Government. पद ्ቅ म सቶढंखरቱቷ 4 के णिरे): - Post Graduate or equivalent examination recognized by UGC in Drawing or the qualification declared equivalent thereto by the Government. OR Diploma of five years' duration in Arts of any school/college of Arts recognized by the Government. (पद ्ቅ म सቶढंखरቱቷ 5 के णिरे): - Post Graduate or equivalent examination recognized by UGC in Agriculture in either Agronomy Horticulture/Animal Husbandry with Degree or Diploma in Education recognized by the National Council of Teacher Education/Government. पद सቶढंखरቱቷ 21 से 25 के णिरे - Graduate or equivalent examination recognized by UGC with Degree or Diploma in Physical Education and Full term National Institute of Sports (NIS) Certificate from any branch of National Institute of Sports. (पद ्ቅ म सቶढंखरቱቷ 26 के णिरे): - Graduate or equivalent examination recognized by UGC and Post Graduate in Physical Education/ M.P.Ed. (2 years duration) recognized by the National Council of Teacher Education/Government.
(2) Working Knowledge of Hindi written in Devnagari Script and knowledge of Rajasthani Culture.
:शै्ቌ णणቶक अरअहቱत ቷ सቶढंबቶढंध ቓቂ ቱप वቷ ंध ቱन ቷ
"पद की अपेकषኌत श षኌकተᮋक अरकत᭶ᮧ के अሺቩकतम वरक मव सक मकᮮ⸅त रⒽ┬आ र⒜ᰋ ᯛ᭶ᮧ सक मकᮮ⸅त र⒜ᰋने व᭶ᮧᮮ⸅᭶ᮧ व्ᯛकतኌ भभॠ आवेदन करने के कᮮ⸅ए प᭶ᮧ्ቔ र⒜ᰋोቐ᭶ᮧ, ककनतत उसे आᯛ⒜ᰋोቐ द᭶ᮧर᭶ᮧ आᯛ⒜ᰋकቋኊत ्ቚकतᯛ⒜ᰋोቐभॠ परभॠषኌ᭶ᮧ से पसवक श षኌकተᮋक अरकत᭶ᮧ अकቋኊकत करने क᭶ᮧ सबसत देन᭶ᮧ र⒜ᰋोቐ᭶ᮧ।”. 9. It is not in dispute that the Direct Recruitment for the
post of Lecturer-School Education is conducted pursuant to the advertisement dated 28.04.2022 under the statutory rules of 2021. The condition to acquire the requisite eligibility
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qualification for the post in question before the written examination for that post by the RPSC as envisaged in the advertisement, and extracted hereinabove, stands in conformity to the proviso appended to Rule 17 of Rules of 2021. For ready reference, Rule 17 with its proviso is reproduced hereunder:-
(i) the qualifications and experience as prescribed in column 5 of Scheduled-I or Scheduled-II, as the case may be; and
(ii) working knowledge of Hindi written in Devnagari Script and knowledge of Rajasthani Culture;
"Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedule for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit proof of having acquired the requisite educational qualification to the appropriate selection agency:-
(a) before appearing in the main examination, where selection is made through two stages of written examination and interview;
(b) before appearing in interview where selection is made through written examination and interview; or
(c) before appearing in the written examination or interview where selection is made through only written examination or only interview, as the case may be. ”
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| चरन पण्ቅ रቱቷ |
अभᯛकरकᯛኊሱ क᭶ᮧ चᯛन ्ቚकतᯛ⒜ᰋोቐभॠ परभॠषኌ᭶ᮧ के म᭶ᮧታᮜᯛम से ककᯛ᭶ᮧ ቋኊ᭶ᮧᯛेोቐ᭶ᮧ। आवशᯛकत᭶ᮧ पड़ने पर आᯛ⒜ᰋोቐ द᭶ᮧर᭶ᮧ उ्ቈरप्ቔक / उ्ቈरपतकरतक᭶ᮧ के मसॢበᯛ᭶ᮧሺቩकन मव रकेकᮮ⸅ሺቩोቐ / म⒜ᰋडरेशन/ नरमकᮮ⸅᭶ᮧइቋኊेशन (स᭶ᮧम᭶ᮧनᯛभॠकरተᮋ) प्ቍकत क⒜ᰋ अपन᭶ᮧᯛ᭶ᮧ ቋኊ᭶ᮧ सकेोቐ᭶ᮧ |
|---|---|
| परቓቂ्ቌቱቷ कቱቷ स ቱቷन एवቶढ मቱቷर |
परभॠषኌ᭶ᮧ रर᭶ᮧन व कतकर के सሺቩबሺቩध मव ᯛर᭶ᮧसमᯛ ससकचत ककᯛ᭶ᮧ ቋኊ᭶ᮧᯛेोቐ᭶ᮧ । |
| परቓቂ्ቌቱቷ रቄ५जनቱቷ व पቱቷठ्र्ቅ म |
उतኌ पदኊሱ से सሺቩबሺቩकधत सेव᭶ᮧ कनᯛम के कनᯛम 22 के अनतस᭶ᮧर्ቚ कतᯛ⒜ᰋोቐभॠ परभॠषኌ᭶ᮧ के रूप मव आᯛ⒜ᰋकቋኊत की ቋኊ᭶ᮧᯛेोቐभॠ। उतኌ कनᯛम मव उॢበᮮ⸅ेकखित परभॠषኌ᭶ᮧ ᯛ⒜ᰋቋኊन᭶ᮧ के अनतस᭶ᮧर परभॠषኌ᭶ᮧ वरततकन् रूप मव ᮮ⸅भॠ ቋኊ᭶ᮧᯛेोቐभॠ कቋኊसके सभभॠ ्ቚ् वरततकन् ्ቚक᭶ᮧर के रኊሱोቐे। कवरत्त प᭶ᮧदᯛ्ቅम आᯛ⒜ᰋोቐ की बेवस᭶ᮧइट पर प्रक से ቋኊ᭶ᮧरभॠ ककᯛ᭶ᮧ ቋኊ᭶ᮧᯛेोቐ᭶ᮧ। |
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candidates who were pursuing their studies of final year in the requisite eligible qualification and either had appeared in the examination or appearing, took a chance and opportunity to participate in the recruitment process, which is solely subject to condition of acquiring the requisite educational qualification by declaration of result of the final year examination before conducting the written competitive examination by the RPSC. The cut off date i.e. the date of conducting the written competitive examination, is required to be given its due credence. As firstly, petitioners were well aware about such cut off date at the time of applying for the post in question since the condition is enumerated in the advertisement itself, secondly, such cut off date is in conformity to the proviso of Rule 17 of the statutory Rules 2021 governing the present recruitment, and thirdly, learned counsel for petitioners could not point out any rule, which extends power to the State Government to relax such rigor of condition. Petitioners have sought to take resort on humanitarian ground that the requisite educational qualification before the date of conducting of competitive written examination could not be acquired only due to delay in declaration of result of the final year examination by concerned university, and for which petitioners are not at fault. Petitioners have sought to impress upon the factum of equity that in some of cases, the delay of declaration of result is only of few dates. Petitioners have also sought to raise a circumstance that the session was delayed by the concerned university due to Pandemic Covid-19 and examinations of final year were delayed. It has been pointed out that universities too
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have accepted delay on their part on account of unavoidable circumstances. In the opinion of this Court, resort to such factual circumstances, for whatsoever reason may be in declaration of the result of the final year examination, in respect of the requisite educational qualification, does not come to rescue of petitioners as petitioners knowingly and willingly applied/ participated in the direct recruitment process for the post in question being fully aware to face such kind of situation. It is an admitted case of petitioners that they were required to acquire the requisite educational qualification for consideration of their candidature on merits for the post in question before holding the written competitive examination by the RPSC. The fortuitous circumstances, where result of any of the petitioner is declared with a delay of few days, after conducting the written competitive examination, does not confer any right of consideration of his/her candidature on merits. The legal proposition of law has been settled by the Apex Court in catena of judgments in respect of giving credence to the cut off date fixed by the recruitment agency, and therefore, the principle of stair decisis operates against the petitioner in this respect. 13. It is undisputed fact that in the advertisement dated 28.04.2022, pursuant to which petitioners have applied and participated in the direct recruitment for the post in question, there was a clear stipulation that aspiring candidate will have to possess the requisite educational qualification before the date of conducting the competitive examination by the RPSC. Admittedly, none of the petitioners could acquire the requisite eligibility
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qualification before the date of competitive examination of that post for that subject for which he/she applied. The cut off date to acquire the requisite eligibility qualification, as indicated in the advertisement, would apply in its full rigor, more so when same is in conformity to the statutory rules, and there is no provision to relax/extends such cut off date.
“13.The said decision is, therefore, an authority for the proposition that in absence of any cut off date specified in the advertisement or in the rules, the last date for filing of an application shall be considered as such.
"13. Placing reliance on the decisions of this Court in Ashok Kumar Sharma v. Chander Shekhar, A.P. Public Service Commission v. B. Sarat Chandra, District Collector and Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi, Rekha Chaturvedi v. University of Rajasthan, M.V. Nair (Dr.) v. Union of India and U.P. Public Service Commission U.P., RAJA.P. Public Se Allahabad v. Alpana the High Court has held (i) that the cut-off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules and if there be no cut-off date appointed by the rules then such date as may be appointed for the purpose in the
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advertisement calling for applications; (ii) that if there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority. The view taken by the High Court is supported by several decisions of this Court and is therefore well settled and hence cannot be found fault with. However, there are certain special features of this case which need to be taken care of and justice be done by invoking the jurisdiction under Article 142 of the Constitution vested in this Court so as to advance the cause of justice."
[See Jasbir Rani and Others v. State of Punjab & Another [JT 2001 (9) SC 351 (2002) 1 SCC 124].
"(1) The cut-off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules. (2) If there is no cut-off date appointed by the rules then such date shall be as appointed for the purpose of in the advertisement calling for applications.
(3) If there is no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received by the competent authority."
"It is for this Court to indicate as to whether the decision in question will operate prospectively. In other words, there shall be no prospective overruling, unless it is so indicated in the particular decision. It is not open to be held that the decision in a particular case will be prospective in its application by application of the doctrine of prospective overruling. The doctrine of binding precedent helps in promoting certainty and consistency in judicial decisions and enables an organic development of the law
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besides providing assurance to the individual as to the consequences of transactions forming part of the daily affairs. That being the position, the High Court was in error by holding that the judgment which operated on the date of selection was operative and not the review judgment in Ashok Kumar Sharma case No. II. All the more so when the subsequent judgment is by way of review of the first judgment in which case there are no judgments at all and the subsequent judgment rendered on review petitions is the one and only judgment rendered, effectively and for all purposes, the earlier decision having been erased by countenancing the review applications. The impugned judgments of the High Court are, therefore, set aside.
18.Possession of requisite educational qualification is mandatory. The same should not be uncertain. If an uncertainty is allowed to prevail, the employer would be flooded with applications of ineligible candidates. A cut-off date for the purpose of determining the eligibility of the candidates concerned must, therefore, be fixed. In absence of any rule or any specific date having been fixed in the advertisement, the law, therefore, as held by this Court would be the last date for filing the application."
Rajasthan:D.B. Spl. Appl. Writ No.227/2021 and connected appeal, vide judgment dated 18.01.2022 delivered by the Principal Seat at Jodhpur. The candidature of writ petitioners for direct recruitment on the post of School Lecturer pursuant to the notification dated 29.03.2018 was rejected by the RPSC on account of not acquiring the requisite qualification before the date of holding the written competitive examination. Writ petitions
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were dismissed by learned Single Judge and the judgment was affirmed by the Division Bench placing reliance upon the proposition of law as expounded by the Apex Court in case of Ashok Kumar Sonkar (supra).
"6. The position is fairly well settled that when a set of eligibility qualifications are prescribed under the rules and an applicant who does not possess the prescribed qualification for the post at the time of submission of application or by the cut off date, if any, described under the rules or stated in the advertisement, is not eligible to be considered for such post. It is relevant to note here that in the rules or in the advertisement no power was vested in any authority to make any relaxation relating to the prescribed qualifications for the post. Therefore, the case of a candidate who did not come within the zone of consideration for the post could not be compared with a candidate who possess the prescribed qualifications and was considered and appointed to the post. Therefore, the socalled confession made by the officer in the Court that persons having lower merit than the respondent have been appointed as SDI (Basic), having been based on misconception is wholly irrelevant. The learned single Judge clearly erred in relying on such a statement for issuing the direction for appointment of the respondent. The Division Bench was equally in error in confirming the judgment of the learned single Judge. Thus the judgment of the learned single Judge as confirmed by the Division Bench is unsustainable and has to be set aside.”
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Court directed respondents to grant appointment to writ
petitioner and observed in para No.20 thus:-
“20. Once it is found that there was no lapse and/or delay on the part of the appellant and/or there was no fault of the appellant in not producing the NOC at the relevant time and when it was produced immediately on receipt of the same and that too before the appointments were made and when it is found that the last candidate, who is appointed i.e. Respondent 4 herein is having less marks than the appellant and thus the appellant is a more meritorious candidate than the last candidate appointed i.e. Respondent 4, to deny him the appointment is not justifiable at all. He cannot be punished for no fault of him. Both, the learned Single Judge as well as the Division Bench' of the High Court have committed grave error in not exercising the jurisdiction vested in it and in not directing the respondents to appoint the appellant though he is found to be more meritorious candidate than the last candidate appointed i.e. Respondent 4.”
The aforesaid proposition of law was followed in case of Laxmi Saroj (supra), where writ petitioner was essentially required registration with the U.P. Council upto the last date of submission of application form pursuant to the advertisement for the post of Health Worker (Female), apart from the requisite educational qualification. The writ petitioners were in possession of the requisite educational qualification and were registered with M.P. Council. They have applied for registration before the U.P. Council and in the process of registration, M.P. Council furnished NOC, however U.P. Council took time to issue the registration certificate and later on registration certificate was issued after the date of submission on application form. Therefore, in that process of issuing registration certificate by the U.P. Council, petitioner was not found at fault and following the proposition of law is expounded in case of Narendra Singh (supra), the Hon'ble
(21 of 24)
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Supreme Court allowed the writ petition and directed respondents to appoint the appellant on the post of Health Worker (Female) who was already in possession of the requisite educational qualification. Both judgments have been delivered in altogether different nature of facts, therefore, do not provide any help to writ petitioners, who have undisputedly failed to acquire the requisite educational qualification for the post in question before conducting of written competitive examination by the RPSC.
(SUDESH BANSAL),J
TN/217 to 266 except 242
(22 of 24)
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SCHEDULE
| **S.No ** | Item No. | Writ Petition No. | Party N | ame |
|---|---|---|---|---|
| 1. | 218 | SBCWP No.17689/2022 | Amit Jangu | The State of Raj. & ors. |
| 2. | 219 | SBCWP No.595/2023 | Sarwan Ram | The State of Raj. & ors. |
| 3. | 220 | SBCWP No.596/2023 | Yashpal Singh Meena |
The State of Raj. & ors. |
| 4. | 221 | SBCWP No.597/2023 | Surendra Kumar | The State of Raj. & ors. |
| 5. | 222 | SBCWP No.1378/2023 | Varsha Gupta | The State of Raj. & ors. |
| 6. | 223 | SBCWP No.1379/2023 | Rubiya Parveen | The State of Raj. & ors. |
| 7. | 224 | SBCWP No.1714/2023 | Karan Singh Kasotia |
The State of Raj. & ors. |
| 8. | 225 | SBCWP No.3175/2023 | Hitpal Singh Ranawat |
The State of Raj. & ors. |
| 9. | 226 | SBCWP No.6752/2023 | Sapna Yadav | The State of Raj. & ors. |
| 10. | 227 | SBCWP No.6935/2023 | Virendra kumar Sharma |
The State of Raj. & ors. |
| 11. | 228 | SBCWP No.7726/2023 | Kuldeep Singh | The State of Raj. & ors. |
| 12. | 229 | SBCWP No.7728/2023 | Ramu Kumar Meena |
The State of Raj. & ors. |
| 13. | 230 | SBCWP No.8211/2023 | Ganeshram & Ors. | The State of Raj. & ors. |
| 14. | 231 | SBCWP No.8580/2023 | Surbhi Thakuriya | The State of Raj. & ors. |
| 15. | 232 | SBCWP No.8583/2023 | Kiran Kalwar & Anr. |
The State of Raj. & ors. |
| 16. | 233 | SBCWP No.8632/2023 | Vikash Kumar & Ors. |
The State of Raj. & Anr |
| 17. | 234 | SBCWP No.9585/2023 | Monika | The State of Raj. & ors. |
| 18. | 235 | SBCWP No.9586/2023 | Manisha | The State of Raj. & ors. |
(23 of 24)
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| 19. | 236 | SBCWP No.9679/2023 | Madhu Yadav | The State of Raj. & ors. |
|---|---|---|---|---|
| 20. | 237 | SBCWP No.9728/2023 | Hemlata Jaju | The State of Raj. & ors. |
| 21. | 238 | SBCWP No.9729/2023 | Arvind Vishnoi | The State of Raj. & ors. |
| 22. | 239 | SBCWP No.9730/2023 | Mohit Patidar | The State of Raj. & ors. |
| 23. | 240 | SBCWP No.9731/2023 | Antu Sharma | The State of Raj. & ors. |
| 24 | 241 | SBCWP No.9732/2023 | Chena Ram | The State of Raj. & ors. |
| 25 | 243 | SBCWP No.10250/2023 | Omprakash Singh | The State of Raj. & ors. |
| 26 | 244 | SBCWP No.10360/2023 | Garima Kalwi | The State of Raj. & ors. |
| 27 | 245 | SBCWP No.10488/2023 | Jaichand Bhakar | The State of Raj. & ors. |
| 28 | 246 | SBCWP No.10588/2023 | Rishhikant Joshi | The State of Raj. & ors. |
| 29 | 247 | SBCWP No.10589/2023 | Sunil Kumar & Ors. |
The State of Raj. & ors. |
| 30 | 248 | SBCWP No.10591/2023 | Mahipal Dan | The State of Raj. & ors. |
| 31 | 249 | SBCWP No.10844/2023 | Jetha Ram | The State of Raj. & ors. |
| 32 | 250 | SBCWP No.10908/2023 | Rewant Ram | The State of Raj. & ors. |
| 33 | 251 | SBCWP No.10950/2023 | Ashok Kumar Meena |
The State of Raj. & ors. |
| 34 | 252 | SBCWP No.10970/2023 | Dwarka Das | The State of Raj. & ors. |
| 35 | 253 | SBCWP No.11211/2023 | Jyoti Gocher | The State of Raj. & ors. |
| 36 | 254 | SBCWP No.11215/2023 | Rajkumar Meena | The State of Raj. & ors. |
| 37 | 255 | SBCWP No.11362/2023 | Bindu Lodha | The State of Raj. & ors. |
| 38 | 256 | SBCWP No.11460/2023 | Mamata | The State of Raj. & ors. |
(24 of 24)
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| 39 | 257 | SBCWP No.11622/2023 | Narneder Kumar | The State of Raj. & ors. |
|---|---|---|---|---|
| 40 | 258 | SBCWP No.11682/2023 | Hardeepender Singh |
The State of Raj. & ors. |
| 41 | 259 | SBCWP No.11862/2023 | Veekesh Singh Gurjar |
The State of Raj. & ors. |
| 42 | 260 | SBCWP No.12006/2023 | Mainka Meena | The State of Raj. & ors. |
| 43 | 261 | SBCWP No.12009/2023 | Sharwan Ram Meghwal |
The State of Raj. & ors. |
| 44 | 262 | SBCWP No.12223/2023 | Yogesh Kumar | The State of Raj. & ors. |
| 45 | 263 | SBCWP No.12247/2023 | Deepika Nagar | The State of Raj. & ors. |
| 46 | 264 | SBCWP No.12433/2023 | Pooja Parihar | The State of Raj. & ors. |
| 47 | 265 | SBCWP No.12486/2023 | Rakesh Seervi | The State of Raj. & ors. |
| 48 | 266 | SBCWP No.12629/2023 | Ms. Kritika Agarwal |
The State of Raj. & ors. |
2 issues framed by the court
Whether candidates who passed the final year examination after the cut-off date (date of written competitive examination) but before document verification are eligible for appointment as Lecturer?
Whether delay in declaration of results by the university can be a ground to relax the cut-off date fixed in the advertisement and statutory rules?
Colour shows how this judgement treated each authority
Laxmi Saroj Vs. State of U.P. & Ors.Distinguished¶18
AIR 2023 SC 120 · Who else cites this
Narendra Singh Vs. State of Haryana and OrsDistinguished¶18
(2022) 3 SCC 286 · Who else cites this
Ashok Kumar Sonkar Vs Union of IndiaFollowed¶14
(2007) 4 SCC 54 · Who else cites this
Bhupinderpal Singh & Others v. State of Punjab & OthersReferred¶14
(2000) 5 SCC 262 · Who else cites this
State of Uttar Pradesh Vs. Vijay Kumar MishraReferred¶16
(2017) 11 SCC 521 · Who else cites this
2 provisions across 2 enactments
Kuldeep Singh
Surendra Kumar
The State of Rajasthan
The Director, Secondary Education, Rajasthan, Bikaner
The Secretary, Rajasthan Public Service Commission, Ajmer
The Controller Of Examination, Vardhman Mahaveer Open University, Kota
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
