Eligibility for recruitment is determined based on the requirements a candidate should possess on the last date of application submission, and no relaxation is permissible for diverting from the terms and conditions of the advertisement.

JUDGMENT :

1. The factual matrix of the case is that the Rajasthan Public Service Commission (for short the ‘RPSC’) issued an advertisement dated 28.06.2023 for inviting applications to participate in the recruitment process through Rajasthan State and Subordinate Services Combined Competitive Examination-2023 in view of the provisions of the Rajasthan State & Subordinate Services Combined Competitive Examination through Direct Recruitment) Rules 1999 (for short ‘the Rules of 1999’). The petitioner submitted her application Form No.202327640059 mentioning her category as ‘General Woman’ with marital status as ‘married’. The petitioner appeared in the Pre-Examination with Roll No.1704055 and was declared as not qualified to appear in the Main Examination as she secured 85.52 marks which is less than the last cut off marks i.e. 97.01% as evident from the result dated 20.10.2023.

It is also a fact on record that the petitioner filled up the application form under the General Woman Category stating her marital status as ‘married’ and a divorce decree was also passed dissolving her marriage on 20.10.2023.

2. Mr. Laxmikant Sharma, counsel appearing for the petitioner submits that as on the date of declaration of result of the Pre Examination i.e. on 20.10.2023 a decree of divorce was passed for dissolution of marriage of the petitioner. Therefore, the candidature of the petitioner should be considered under the divorcee (DV) category. The non-consideration of the petitioner under the divorcee category even after a decree passed by the Competent Court, is illegal, arbitrary and unjustified.

3. Considered the submissions made by the counsel appearing for the petitioner and also perused the material made available on record with the petition.

4. The advertisement inviting applications under the Rules of 1999 for participation in the recruitment process through Combined Competitive Examination-2023 was issued by the RPSC on 28.06.2023 and the last date for submission of the application form was given as 31.7.2023 and the petitioner submitted her application form mentioning her marital status as ‘married’.

5. In the advertisement, the terms and conditions regarding consideration of eligibility of a candidate has also been mentioned.

6. It is a well settled law that the eligibility of a candidate for recruitment to a post under a particular category is considered on the basis of requirements which a candidate should possess on the last date of submission of the application form if otherwise no other date is given under the advertisement or in the relevant rules.

7. All kinds of terms and conditions have been prescribed in the advertisement dated 28.06.2023 in regard to the eligibility of a candidate as well as the requirements for seeking recruitment against the vacancies reserved for a particular category. In Clause 6 of the ‘important point/note’ given on internal page 4 of the advertisement dated 28.06.2023 it has been specifically mentioned that after last date of submitting the Online application form no request for any amendment in the category of a candidate as mentioned in the application form, shall be allowed.

In Clause 7 under the heading of ‘verification of certificates’ on internal page 5 of the advertisement it has been categorically stated that one should possess all the requisite documents including the decree of divorce on the last date of submission of the application form/ last date of allowing the amendments for consideration of her candidature against the vacancies reserved for divorcee category.

8. The Hon’ble Apex Court in the case of J&K Public Service Commission vs. Israr Ahmad, reported in (2005) 12 SCC 498, in para 5 has observed as under:-

“We have considered the rival contentions advanced by both the parties. The contention of the first Respondent cannot be accepted as he has not applied for the selection as a candidate entitled to get reservation. He did not produce any certificate along with his application. The fact t