The delay and negligence on the part of a third-party cannot preclude the requirement of possessing the educational qualification before the cut-off date, as mandated by the statutory rules.

JUDGMENT :

1. In the present bunch of appeals, the scope of the controversy involved is identical. Therefore, with the consent of learned counsel for both the sides, the appeals are being taken up for final disposal jointly. For procedural efficacy, D.B. Special Appeal (Writ) No. 747/2023 titled as Monika vs. State of Rajasthan, is being taken up as the lead file.

2. By way of the instant appeal, a challenge is made to the order impugned dated 23.08.2023, passed by the learned Single Judge, whereby the writ petition preferred by the appellant, was dismissed.

3. In order to shed light on the controversy involved, the factual narrative of the instant appeal is briefly taken note of herein-under:

3.1 On 28.04.2022, the respondent no.3-RPSC issued an advertisement whereby applications for recruitment on the post of Lecturer-School Education were invited.

3.2 In the said advertisement, a stipulation was incorporated which enabled students in their final year of pursuing the requisite qualification, as mentioned in the advertisement, to apply for the said recruitment, subject to producing/possessing the said requisite qualification on the cut-off date i.e. the date of holding the written competitive examination.

3.3 However, despite appearing in the final university examinations on the date so fixed, on account of delay/negligence in declaring the result of the requisite qualification on part of the respondent no.4-University, the appellant failed to possess/produce the requisite qualification on the cut-off date i.e. date on which the written examination was conducted by the respondent no.3-RPSC.

3.4 As a result, the appellant was deemed ineligible.

3.5 Thereafter, being aggrieved, the appellant approached this Court by way of S.B. Civil Writ Petition No. 9585/2023. However, the same came to be dismissed by way of the order impugned dated 23.08.2023.

4. In this background, learned counsel for the appellant submitted that the order impugned is passed in contravention of the settled position of law and without taking the material aspects into consideration. Therefore, the same deserves to be quashed and set aside. To elaborate on the said claim, it was averred that despite possessing the requisite qualification as on date, the appellant, on account of delay and negligence on part of the respondent-university, could not produce the requisite qualification on the cut-off date i.e. the date of holding the written competitive examination. As a result, the appellant was deemed ineligible. Learned counsel argued that as no fault qua the delay/negligence on part of the respondent-university where the appellant was pursuing her M.A. English Course, is attributable to the appellant, the delay/negligence caused by a third-party in declaring the result of the examination, should not barge on the right of the appellant for consideration on recruitment on the concerned post so advertised. Therefore, relying upon the submissions made herein-above, it was conclusively submitted that stipulations qua eligibility are procedural requirements and the delay in declaration of the result was not attributable to the appellant. Reliance was also placed upon the dictum of the Hon’ble Apex Court as enunciated in Kumari Laxmi Saroj vs. State of U.P. reported in 2022 17 SCR 696.

5. Per contra, learned counsel for the respondents has submitted that order impugned dated 23.08.2023 is a well-reasoned speaking order wherein after due consideration of material aspects, the learned Single Judge has arrived at a logical conclusion. Therefore, in the facts and circumstances of the present case, no interference with the order impugned is warranted.

6. Heard the arguments advanced by learned counsel for both the sides, scanned the record of the appeal and perused the judgment cited at Bar.

7. Concisely noted, the issue under consideration pertains to the appellant not possessing the requisite educational qualification for the post of Lecturer-School Education up to the cut-off date,