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ARUN BHANSALI
Manju Dhundawat – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner aggrieved against the list dated 31.10.2022 (Annex.P/5), whereby, though the petitioner has marks higher than the cut-off, her name has not been reflected in the said list.
2. In response to the petition it has been indicated that the petitioner has not produced the mark-sheet of first year graduation where she had studied the computer application subject and only the final year mark-sheet was produced and, therefore, for lack of requisite computer qualification, she was held ineligible.
3. Learned counsel for the petitioner referred to order in Hari Ram v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.16316/2022, decided on 10.11.2022, wherein, in similar circumstances the Court directed the respondents to take into consideration the mark-sheets of first year & second year of graduation by the petitioner therein and prayed that the petitioner may be accorded similar indulgence.
4. Learned counsel for the respondents made submissions that pursuant to the document verification, all the posts have been filled-up and, therefore, on that count also, the petitioner is not entitled to any relief.
5. An additional affidav
The main legal point established in the judgment is that despite initial rejection due to the lack of mark-sheet indicating the study of a specific subject, the court may require indulgence and direc....
A recruitment agency must consider a candidate's eligibility based solely on the information submitted at the time of application and cannot accept qualifications disclosed after the recruitment proc....
Inclusion in a merit list does not confer a legal right to appointment, and a merit list cannot remain valid for an indefinite period.
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....
The main legal point established is that the spirit of the provision in the advertisement's eligibility criteria should be considered, and the court emphasized that considering the petitioner's gradu....
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
The Court held that the non-production of a certificate or proof of eligibility at the time of document verification does not necessarily disqualify a candidate if the candidate is otherwise eligible....
In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.
Procedural irregularities should not deny equal opportunities in public employment, particularly for candidates from Scheduled Castes, emphasizing merit and social justice.
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