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VIKRAM NATH, SANDEEP MEHTA
Rajasthan Public Service Commission – Appellant
Versus
Lavanshu Sankhla – Respondent
Question 1? How to determine the relevant date for eligibility for minimum essential qualification in Rajasthan Prosecution Subordinate Service Rules cases? Question 2? What is the versus effect of press notes altering eligibility criteria mid-process on candidates who acted on the original advertisement? Question 3? What are the implications of the maxim "aliquid prohibetur ex directo, prohibetur et per obliquum" on interpreting recruitment advertisements and eligibility?
Key Points: - The issue is whether the relevant date for acquiring minimum essential qualification is the date of submission of the application or any time prior to interview (!) - The High Court’s reasoning that candidates who acquired qualification before interview could be eligible was reversed; the Court held eligibility must be determined at application submission date (!) (!) (!) - Advertisement Clause 7 allowed qualification to be acquired by last date of application, examination, or interview, but Supreme Court rejected this inclusive interpretation due to no provision for post-application supplementation (!) (!) (!) - Rule 12 of Rajasthan Prosecution Subordinate Service Rules originally allowed appearance in final-year candidates with proof later; the removal of this proviso indicates qualification must be possessed as on relevant date (!) (!) - Press notes dated 19.11.2024 and 29.11.2024 clarified that only those with qualification by the date of examination were eligible; these notes were upheld as consistent with rules and advertisement (!) (!) (!) (!) - The judgment emphasizes that where two interpretations are possible, the one favoring candidates cannot override clear statutory/advertisement language; the direct prohibition cannot be circumvented indirectly (!) (!) (!) - The Appeals are allowed; common judgment set aside; eligibility must be determined at date of submission of application (!) (!)
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 Ju
(1) Appointment – 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....
Candidates who acquire qualifications before the examination are eligible to participate in recruitment processes, even if they were in final year at the time of application.
Eligibility criteria in recruitment must adhere to the original guidelines allowing final-year candidates to participate, ensuring clarity and fairness in selection processes.
The court affirmed that eligibility criteria in recruitment rules, including cut-off dates for qualifications, must be rational and can be upheld unless proven discriminatory or arbitrary.
The court affirmed that eligibility for public employment must be determined by the cut-off date specified in the advertisement, with no provision for relaxation.
The judgment emphasized the importance of fixed cut-off dates for determining eligibility and the need for candidates to possess the requisite qualification on or before the last date for submitting ....
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
A candidate's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application dead....
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