ORDER :

1. Grievance of the petitioner herein, a specially abled lady, having more than 50% of locomotive disability, caused by a childhood Arthritis owing to which one of her legs is dysfunctional, arises out rejection of her candidature in the physically handicapped category for the post of Homeopathy Medical Officer to be filled as per advertisement dated 05.07.2023 (Annexure-1).

2. Succinct facts first, as pleaded in the petition.

2.1 The Respondents issued an advertisement dated 05.07.2023, bearing no. 03/2023, for the appointment of Homeopathy Medical Officers through a direct recruitment process. A total of 15 posts were reserved for physically handicapped (PH) persons. The petitioner participated in the aforementioned vacancy under the PH/Specially Abled Category, submitting all requisite documents.

2.2. Subsequently, she was called for document verification, scheduled from 07.08.2023 to 16.08.2023. The Respondents had released a list, inviting candidates for document verification based on merit. The petitioner succeeded in securing a position on the merit list of successful candidates for the above-said post.

2.3. Petitioner was scheduled for document verification on 10.08.2023. She stated in writing that her registration certificate from Rajasthan Homeopathy Council would be provided before the last date of document verification i.e. 16.08.2023. And indeed, it was submitted by her on 14.08.2023.

2.4. It is an admitted fact that the document verification process commenced on 07.08.2023 and concluded on 16.08.2023. Notably, before the completion of the document verification process, the petitioner had already submitted her registration certificate on 11.08.2023. The registration certificate was duly received by Respondent No. 3.

2.5. However, when the provisional merit list was issued, the petitioner's name was omitted solely on the ground that she did not submit her registration certificate on 10.08.2023, when she appeared for her documents verification. A candidate less meritorious than her was included in the provisional merit list. Hence, this writ petition.

3. In the return filed to the writ petition the stand taken is that that the certificate of registration issued by Rajasthan State Board of Homeopathy Medicine was issued on 11.08.2023 to the petitioner and the last date for submission of the same was same as that of the application form i.e. 24.07.2023. It is thus clear that the petitioner, as on the date of submitting her application form, did not have the qualification of registration. Therefore, the registration certificate being the necessary qualification, having been obtained after the cut off date, candidature of petitioner cannot be entertained.

4. In the aforesaid backdrop, I have heard the rival contentions of learned counsels appearing for respective parties which are on the same lines as the stand taken in respective pleadings and shall now proceed to render my opinion on the same and record reasons thereof.

5. First and foremost, let us see as to what is the cut off date as per the advertisement (Annexure-1) for submitting documents for verification. Reference may be had to clause 1 which governs the educational qualifications of a candidate. The same clearly states that a Bachelor degree in Homeopathy from a University established by law in India or equivalent and recognized under Rajasthan Homeopathic Medicine Act, 1969 is the requisite qualification. The “Note” given underneath the educational qualification also states that a candidate though must be registered with the Rajasthan Homeopathy Medicine Board, but the registration certificate has to be produced at the time of document verification round. Thus while the cut off date for having the educational qualifications is last date of submitting application form i.e. 24.07.2023, but it is noteworthy that for the purpose of submitting registration certificate with the Homeopathy Medicine Board, the cut off date is floating in nature i.e. during the docume