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GANESH RAM MEENA
Sangeeta Kumari D/o Shri Dayanand Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. Counsel for the petitioner submits that the petitioner applied for recruitment to the post of Pre Primary Education Teacher pursuant to the advertisement dated 21.08.2018. He further submits that the petitioner is having higher marks than the candidates having been selected and appointed under the divorcee women category and the petitioner being divorce category candidate is entitled for selection and appointment on the post of Pre Primary Education Teacher. Non appointment of the petitioner is illegal, arbitrary, unjustified and unconstitutional.
2. Considered the submissions made by the counsel appearing for the petitioner and also perused the record made available with the petition.
3. The facts borne out from the pleadings are that the respondents issued an advertisement dated 21.8.2018 inviting applications from the eligible candidates for recruitment to the post of Pre Primary Education Teacher. The last date for submitting the application forms is 28.10.2018 and the petitioner has obtained a divorce decree on 18.2.2022.
4. As per sub-clause 4 of clause 16 of the advertisement, the eligibility of a candidate as regards the age, qualification, category etc. shall be
Eligibility criteria must be fulfilled by the last date for receipt of applications specified in the advertisement, and adherence to the terms and conditions of the advertisement and rules is crucial....
Eligibility criteria must be fulfilled by the last date for receipt of applications specified in the advertisement, and no relaxation is permissible for diverting from the terms and conditions of the....
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 term....
No relaxation is permissible for diverting from the terms and conditions of the advertisement, and allowing relaxation beyond the permissible limits would derail the recruitment process.
The status of being divorced is imperative for applying in the 'Divorcee Female' category, and the last date of submission of application forms is crucial for determining eligibility.
The main legal point established in the judgment is that the status of being divorced is imperative for a person to apply in the 'Divorcee Female' category, and the last date of submission of applica....
Eligibility for reservations in recruitment must be determined as of the cut-off date for applications, and cannot be changed based on circumstances arising thereafter.
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