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2017 Supreme(Raj) 834

NIRMALJIT KAUR
Kamlesh Kumar S/o Shri Kailash Chand Balai – Appellant
Versus
State of Rajasthan, Through the Secretary – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sudhir Saruparia, Advocate.

ORDER :

NIRMALJIT KAUR, J.

1. The petitioner herein is praying for grant of appointment on the post of Lower Division Clerk in pursuance to the L.D.C. competitive Examination 2013.

2. The candidature of the petitioner has been cancelled being ineligible on account of the fact that he did not possess the computer qualification on the date of the issuance of the advertisement dated 14.02.2013.

3. It is a well settled proposition of law that a candidate must possess the requisite educational qualification by the cut off date. The Apex Court in the case of Ashok Kumar Sonkar v. Union of India & Ors., reported in (2007)4 SCC 54, went to the extent of holding that in the absence of any cut off date specified in advertisement or in rules, last date for filing of application shall be considered as the cut off date while replying on the judgment rendered in the case of Shankar K. Mandal & Ors. v. State of Bihar & Ors., reported in (2003)3 SCR 796 wherein the following principles were culled out:-

"(1) The cut-off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules.

(2) If there is








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