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AUGUSTINE GEORGE MASIH, SAMEER JAIN
Kiran Kalwar D/o Sh. Surendar Kumar – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. In the present 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. 772/2023 titled as Kiran Kalwar and Anr. 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 23.08.2023, passed by the learned Single Judge, whereby the writ petition preferred by the appellant, was dismissed.
3. Concisely noted, the factual narrative of the instant appeal dictates as under:-
3.1 That on 28.04.2022, respondent no.3-RPSC issued an advertisement whereby applications for 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 That between September 2022 to October 2022, th
Compliance with statutory rules, such as Rule 17 of the Rajasthan Educational (State and Subordinate) Service Rules, 2021, is crucial for determining eligibility for recruitment, and delays caused by....
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.
The court affirmed that eligibility for public employment must be determined by the cut-off date specified in the advertisement, with no provision for relaxation.
The court affirmed that eligibility criteria in recruitment rules, including cut-off dates for qualifications, must be rational and can be upheld unless proven discriminatory or arbitrary.
(1) Appointment – Eligibility of a candidate is assessed on the basis of particulars and documents furnished at the time of application, and there is no provision for subsequent supplementation or re....
Eligibility for public employment requires candidates to possess qualifications before the examination date, as interpreted literally.
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