Back
ABHAY S. OKA, AHSANUDDIN AMANULLAH, AUGUSTINE GEORGE MASIH
Sakshi Arha – Appellant
Versus
Rajasthan High Court – Respondent
JUDGMENT
AUGUSTINE GEORGE MASIH, J.
1. The present set of appeals have travelled to this 3- Judge Bench as a result of the split verdict delivered through Judgment dated 18.05.2023 in Civil Appeal No. 3957 of 2023 and other connected matters including Civil Appeal No. 3908 of 2023 which was de-tagged from the instant batch vide Order dated 06.11.2024, by Division Bench of this Court.
2. The factual backdrop in the present set of appeals is being culled primarily from the Civil Appeal No. 3957 of 2023, as it is agreed that the issue involved in these appeals arises from the 2010 Rules which regulate the appointment of Civil Judges in the state of Rajasthan and the relevant facts are identical.
2.1 The Rajasthan High Court – Respondent No. 1 published an Advertisement dated 22.07.2021 (hereinafter referred to as “Advertisement”) inviting applications for appointment to the post of Civil Judge Cadre being the “Civil Judge Examination 2021” as per the Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as “2010 Rules), which was admittedly silent on the aspect of the last date of issuance of the concerned certificates for each reserved category. The last date for receipt of the
(1) Reservation is justified only when concern of both, backwardness and underrepresentation in services is addressed sufficiently.(2) Appointment of Civil Judges – Claim made by a candidate while fi....
The main legal point established in the judgment is the requirement for candidates to possess valid OBC-NCL certificates within the specified timelines as per the advertisement and subsequent notice ....
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
The requirement for valid caste certificates by the cut-off date is constitutional, ensuring fairness in the application process for reservations, and non-compliance results in treatment under unrese....
Eligibility for reserved category appointments is contingent upon timely submission of required certificates; late submissions disqualify candidates under prescribed rules.
A late-produced caste certificate cannot be accepted for eligibility if rules specify a cut-off date for submission, highlighting strict compliance with recruitment criteria.
The terms and conditions of the advertisement cannot be altered, and the mandatory nature of the instructions issued by the Commission must be strictly adhered to.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
