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SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Rajasthan Public Service Commission – Appellant
Versus
Lavanshu Sankhla & Ors. – Respondents
Civil Appeal No. 7026 of 2026 @ Special Leave Petition (Civil) No. 32964 of 2025 With Civil Appeal No. 7027 of 2026 @ Special Leave Petition (Civil) No. 33900 of 2025 With Civil Appeal No. 7028 of 2026 @ Special Leave Petition (Civil) No. 33945 of 2025 Civil Appeal No. 7029 of 2026 @ Special Leave Petition (Civil) No. 33908 of 2025 With Civil Appeal No. 7030 of 2026 @ Special Leave Petition (Civil) No. 34897 of 2025 With Civil Appeal No. 7031 of 2026 @ Special Leave Petition (Civil) No. 34899 of 2025 With Civil Appeal No. 7032 of 2026 @ Special Leave Petition (Civil) No. 38211 of 2025 And With Civil Appeal No. 7033 of 2026 @ Special Leave Petition (Civil) No. 38710 of 2025
Decided On : 04-05-2026
(A) Service Law – Appointment – Minimum essential qualification – Relevant date for determining eligibility, including educational qualification, is date of submission of application – Eligibility of a candidate is assessed on the basis of particulars and documents furnished at the time of application, and there is no provision for subsequent supplementation or re-submission of such documents at a later stage – As on date of submission of applications, respondents had not acquired their degree and were yet to appear in final year examination – Respondents did not possess LL.B. degree as on last date for submission of online applications – Requirement in advertisement that a candidate must “possess” a Degree in Law (Professional) or an integrated Law degree from a recognised university necessarily excludes those candidates who are yet to acquire such qualification or who may acquire it at a future date – Judgment of High Court set aside. [Rajasthan Prosecution Subordinate Service Rules, 1978 – Rule 12] (Paras 8, 11, 17, 18, 21 and 26)
(B) Maxim – “aliquid prohibetur ex directo, prohibetur et per obliquum”, what cannot be done directly cannot be permitted to be done indirectly – Said principle embodies the rule that what is expressly prohibited by law cannot be circumvented through indirect means. (Para 21)
Facts of the case:
The issue that falls for consideration is whether relevant date for acquiring minimum essential qualification is date of submission of application pursuant to advertisement, or any time prior to commencement of interview process.
Findings of Court:
Acceptance of respondents’ contention, that candidates who acquire qualification at any stage prior to interview should be treated as eligible, would introduce uncertainty into selection process and impose an unwarranted administrative burden upon appellant-RPSC in tracking subsequent acquisitions of qualifications.
Result : Appeals allowed.
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. We have heard learned counsel appearing on behalf of the parties.
3. The issue that falls for our consideration is whether the relevant date for acquiring the minimum essential qualification is the date of submission of the application pursuant to the advertisement, or any time prior to the commencement of the interview process.
4. The present appeals have been filed by the Rajasthan Public Service Commission, Ajmer1[Hereinafter, referred to as “appellant-RPSC”.] assailing the common judgment dated 12th August, 2025, passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur2[Hereinafter, referred to as “High Court”.] in intra-court appeals3[D.B. Spl. Appl. Writ Nos. 169 of 2025, 130 of 2025, 135 of 2025, 244 of 2025, 279 of 2025, 631 of 2025, 789 of 2025 and 823 of 2025.], whereby the judgment dated 15th January, 2025, passed by the learned Single Judge in S.B. Civil Writ Petition No. 20295 of 2024 and connected matters4[S.B. Civil Writ Petition Nos. 75 of 2025, 20456 of 2024, 20541 of 2024, 20580 of 2024, 20586 of 2024, 20598 of 2024 and 20611 of 2024.] was affirmed. By the said judgment, the learned Single Judge had allowed the writ petitions filed by the respondents herein and directed the appellant-RPSC to issue admit cards to the writ petitioners (private respondents herein) and permit them to appear in the preliminary examination.
5. The brief facts, to the extent necessary for the disposal of the present appeals, are set out hereinbelow: –
6. The private respondents herein were the writ petitioners before the High Court and were recent law graduates at the time of institution of the writ petitions.
7. On 7th March, 2024, the appellant-Rajasthan Public Service Commission issued an advertisement inviting applications for 181 posts of Assistant Prosecution Officer. The relevant extract of the said advertisement providing the essential educational qualification is reproduced hereinbelow: -
| “Rajasthan Public Service Commission, Ajmer Advertisement No.: 19/Exam/ A.P.O./ Prosecution Deptt./ EP-I/ 2023-24 Date: 07.03.2024 Online applications are invited by the Commission for recruitment to a total of 181 posts of Assistant Prosecution Officer for Home Department (Prosecution) under Rajasthan Prosecution Subordinate Service Rules, 1978 for non-scheduled area and under the Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service (Recruitment and other Service Conditions) Rules, 2014 for scheduled area. … … Essential Educational Qualification: (1) Degree in Law (Professional) or integrated Law Course from a University established by law in India. (2) Working Knowledge of Hindi written in Devnagri Script and knowledge of Rajasthani dialects and social customs of Rajasthan.” |
8. Pursuant thereto, the respondents submitted their online application forms. It is an admitted position that, as on the date of submission of the applications, the respondents had not acquired their degree and were yet to appear in the final year examination.
9. By a press note dated 19th November, 2024, issued by the appellant–Rajasthan Public Service Commission, the preliminary examination for the subject post was scheduled to be held on 19th January, 2025. It was further clarified therein that candidates who did not possess the prescribed qualifications or requisite experience for the said post were required to withdraw their applications, failing which they would be liable to be disqualified. Being germane to the controversy, the relevant extract is reproduced hereinbelow:-
| “RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER - :PRESS NOTE: - Date: 19.11.2024 Rajasthan Public Service Commission, Ajmer the Commission proposes to conduct the Assistant Prosecution Officer Home Department (Prosecution) Competitive (Preliminary) Examination, 2024 on 19.01.2025. … Also, candidat |
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