Candidates must possess the prescribed qualification for a post at the time of submission of application to be considered eligible.

JUDGMENT

1. This writ petition has been filed by the petitioner with the following prayer:-

"It is, therefore, humbly prayed that this writ petition of the petitioner may kindly be allowed,

i) By an appropriate writ, order or direction, the respondents may kindly be directed to allow to join on the post of COVID Health Assistant to the petitioners in pursuance of order dated 29.07.2021;

ii) Any other appropriate order, or direction which this Hon'ble court deem fit and proper in favour of the appellant may also kindly be passed"

2. Brief facts of the case are that in pursuance of the advertisement dated 27.05.2021, the petitioners applied for the post of Covid Health Assistant/Consultant. Grievance of the petitioners is that though their names were there in the select list but despite holding required qualification for the post in question, the petitioners were not allotted the place/to join on the post in question. The educational qualification mentioned for the post of Covid Health Assistant/Consultant, the serial No.2 of the advertisement reads as under:-

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3. Counsel for the petitioners submitted that the respondents themselves allowed to certain candidates to submit the documents including caste certificate which were not submitted at the time of submitting the application form till 24.08.2021. Counsel further submits that all the petitioners have applied for their registration with Rajasthan Nursing Council prior to issuance of the advertisement dated 27.05.2021, however they were registered with the Rajasthan Nurshing Council, admittedly, after the last date of submitting the application form i.e. 03.06.2021. Counsel further submits that all the petitioners have been registered with Rajasthan Nursing Council before 24.08.2021 and the respondents have given appointment to several other persons considering their caste certificates. Counsel further submits that since the name of the petitioners were there in the select list, non- appointment of the petitioners on the post in question is arbitrary and discriminatory in nature and prayed that the writ petition be allowed.

4. Counsel appearing for the respondents has opposed the writ petition and submitted that as per the condition No.2 of the advertisement dated 27.05.2021, the petitioners were not having the required educational qualification as mentioned in the advertisement as none of the petitioner was registered with Rajasthan Nursing Council before the last date of submitting the application form i.e. 03.06.2021.

5. Heard counsel for the parties and perused the record. The Hon'ble Supreme Court in the matter of State of Uttar Pradesh v. Vijay Kumar Misra reported in (2017) 11 SCC 521 decided on 21.09.2001 in para 8 has held as under:-

"8. The position is fairly well settled that when a set of eligibility qualifications are prescribed under the rules and an applicant who does not possess the prescribed qualification for the post at the time of submission of application or by the cut off date, if any, described under the rules or stated in the advertisement, is not eligible to be considered for such post. It is relevant to note here that in the rules or in the advertisement no power was vested in any authority to make any relaxation relating to the prescribed qualifications for the post. Therefore, the case of a candidate who did not come within the zone of consideration for the post could not be compared with a candidate who possess the prescribed qualifications and was considered and appointed to the post. Therefore, the so-called confession made by the officer in the Court that perso