The main legal point established in the judgment is that the respondent, as a widow, was not eligible to be considered for appointment as a Lower Division Clerk (LDC) as she did not possess the essential qualification (RSCIT) on the last date of application or till the extended date. The court also clarified that the provisions of Rule 266-A of the Rajasthan Panchayati Raj Rules, 1996, did not apply to the case as the respondent was never appointed to the post in question to clothe her with a right under the rule.

JUDGMENT :

K.M. JOSEPH, J.

Leave granted.

(1) By advertisement dated 15.02.2013, applications were invited for filling up vacancies of Lower Division Clerk (LDC). The requirement was inter alia that the applicant must possess the qualification of Rajasthan State Certificate in Information Technology (RSCIT) by the last date of submission of application notified as 22.03.2013. Reservation was contemplated in the category of women and certain number of posts were set apart for category of widows among women. Respondent being a widow applied for the post of LDC on 15.04.2013. As on the last date prescribed for submission of application, the respondent did not possess the qualification of RSCIT. Request from applicants generally led to the authority taking the decision to extend the period for production till the date when the documents were to be verified or before the preparation of the select list. The respondent did not produce the RSCIT within the extended period which is 07.05.2013. This led to the rejection of her application in the meeting of District Establishment Committee which took place on 28.06.2013. Thereafter, on 10.11.2014, the respondent admittedly obtained the qualification of RSCIT.

Thereafter, it would appear that there was some litigation which stalled the recruitment process.

(2) Later on, in the year 2017, an advertisement came to be issued on 21.08.2017 by which it was decided to proceed with the selection. We deem it appropriate to advert to it:

“ADVERTISEMENT

In compliance of Letter No. F37()P.R.D./Pr.-2/L.D.C. Direct Recruitment 2013/17/3263 Jaipur dated 17.08.2017 of the Government Secretary and Commissioner, Rural Development and Panchayati Raj Department in compliance of various judicial decisions, eligible candidates as per amended merit list of L.D.C. Recruitment 2013, as per meritwise issued earlier and candidates coming in final cutoff of marks obtained categorywise (as per mentioned below) shall remain personally present on 24.08.2017 morning at 09.00AM at Office of Jila Parishad, Dausa by fulfilling detailed application form and attaching their detailed application form, certified copies of their Educational and professional qualification certificates and other necessary certificates and photocopy of online application form along with original documents. In case of being absent it will be assumed that you are not interested in this recruitment. It is the final opportunity, after this no opportunity will be granted for verification of documents. Categorywise cutoff list of marks for L.D.C. Recruitment 2013 is as follows: -

Note: -

1. Those candidates who have acquired their professional qualification from any other State/Private University/ Deemed University except RSCIT. They will have to submit affidavit of Rs.100 in prescribed format as per instructions of Department.

2. Such candidates whose appointment orders have been issued earlier but due to some reasons they could not took work charge. In compliance of Departmental Letter No. 3263 dated 17.08.2017, after re-inspection of their documents and eligibility, final opportunity for taking work charge is given.”

(3) Thereupon, the respondent filed an application on 27.08.2017:

“To,

The Chief Executive Officer,

Jila Parishad, Dausa (Raj.)

Subject: -For including in Document verification for LDC Recruitment 2013.

Sir,

It is kindly requested that I got document verification in LDC Recruitment