Mohammed Ilyas Khatri S/O Mohammad Iqbal Khatri Vs the State of Rajasthan

[2025:RJ-JP:40989-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Special Appeal Writ No. 1088/2025

Mohammed Ilyas Khatri S/o Mohammad Iqbal Khatri, R/o Fatehpur Road, Khatiko Ki Payu Ke Pass, Ward No. 4, Sikar -332001, Rajasthan

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----Appellant

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Versus

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The State Of Rajasthan, Through Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan

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The Director (Public Health), Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan

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The Registrar, Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan 302033

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The Registrar, Rajasthan Medical Council, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan

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----Respondents

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For Appellant(s) : Mr. Akshit Gupta, Adv. with Mr. Nakul Bansal, Adv. For Respondent(s) : None present

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HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

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Order

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09/10/2025

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The challenge in the special appeal is to the judgment and order dated 08.08.2025 passed by learned Single Judge whereby the writ petition filed by the writ petitioner/appellant was dismissed.

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Brief facts need to be noticed are that the writ petitioner/appellant had applied for the post of Medical Officer

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[2025:RJ-JP:40989-DB]

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[SAW-1088/2025]

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(2 of 4)

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(Medical) under the recruitment notification dated 09.09.2024 and his candidature had been rejected on the ground that he was not registered with the Rajasthan Medical Council (‘RMC’) on the date of written examination i.e. 27.04.2025.

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It is the contention of the learned counsel for the writ petitioner/appellant that he had applied for registration with Rajasthan Medical Council on 04.02.2025 and the delay in issuing certificate by the RMC ought not be attributed to writ petitioner/appellant. Even if the registration was granted by RMC on 20.05.2025, which is after the cut-off date, the same should be treated retrospectively, treating him eligible for participation in the selection process.

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The issue raised before the Court is no more res integra in the case of The State of Rajasthan & Ors. Vs Zaiba & Ors .: D.B. Special Appeal Writ No.252/2019 relating to Rajasthan Nursing Council, wherein the Division Bench of this Court has held as under:-

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“Indubitably, the writ petitioners were not holding the requisite qualification as on the date of submission of the application forms online inasmuch as, at the relevant time, they were pursuing their internship and had not acquired the registration with RPMC after completion of the professional course. Merely because, they were permitted to fill up the application form, notwithstanding that they were not holding the requisite qualification as on the date of the submission of application form online, pursuant to an interim order passed by this Court, no right is created in their favour. The requirement of the eligibility qualification as on the date of the submission of the application form as specified in the advertisement, cannot be relaxed inasmuch as there is no provision in the Rules of 1965 permit such relaxation. Moreover, many more persons who were not having the qualification as on the date fixed for submission of the application form but were in position to obtain the requisite qualification subsequent thereto, might not have even applied for appointment to the post. That apart, if the writ petitioners who are not otherwise eligible to apply for the post, are permitted to

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(3 of 4)

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[2025:RJ-JP:40989-DB]

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[SAW-1088/2025]

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participate in the selection process and stand in merit, other persons who were having the requisite qualification as on the date of submission of the application form, may be deprived of the appointment. In the considered opinion of this Court, the cut-off date fixed for the eligibility qualification while initiating the recruitment process needs to the adhered to strictly so as to maintain transparency and fairness in the recruitment process undertaken for public employment.

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The candidates who were not possessing the registration certificate up to the cut-off date laid down in the advertisement were held ineligible. The learned Single Judge has relied on the law as well settled in Ashok Kumar Sharma Vs. Chander Shekhar: (1997) 4 SCC 18 which has reiterated the law as earlier laid down in M.V. Nair Vs. Union of India: (1993) 2 SCC 429 and Rakesh Kumar Sharma Vs. Government of NCT Delhi: (2013) 11 SCC 58, wherein the Hon’ble Supreme Court held as

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under:-

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“The proposition that where applications are called for prescribing a particular date as the last date for filing the applications, the eligibility of the candidates shall have to be judged with reference to that date and that date alone, is a well-established one. A person who acquires the prescribed qualification subsequent to such prescribed date cannot be considered at all.”

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In view of above, the claim of the writ petitioner/appellant for consideration of his candidature for appointment and eligibility under the recruitment notification dated 09.09.2024 is found to be without merit. We may also point out that the RMC has issued certificates to other Doctors as well. If there is a delay in issuance of the certificate, it must likely be on the ground of either some defects which may be found in the applications or for the purpose of verification. The RMC may have to issue registration certificate, moreover there is no timeline laid down.

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We would observe that RMC ought to lay down timeline for the purpose of issuing registration certificates, however, so far as

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(4 of 4)

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[2025:RJ-JP:40989-DB]

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[SAW-1088/2025]

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the cut-off date laid down in the advertisement is concerned that is sacrosanct and the candidates must have the registration and other eligibility criteria fulfilled up to the cut-off date.

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In view thereto, the present Special Appeal (Writ) is dismissed.

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All pending application(s) stands disposed of.

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(BALJINDER SINGH SANDHU),J

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(SANJEEV PRAKASH SHARMA),ACTING CJ

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HEENA/MAHIMA/15

Mohammed Ilyas Khatri S/O Mohammad Iqbal Khatri v. the State of Rajasthan

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Mohammed Ilyas Khatri S/O Mohammad Iqbal Khatri v. the State of Rajasthan

Case brief

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