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AKIL KURESHI, REKHA BORANA
Vedram Gurjar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Petitioners have challenged the vires of Clause (iii) of second proviso Rule 11 of the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter to be referred as 'the said Rules') in the following background:-
The petitioners are Ex-servicemen. The Rajasthan Public Service Commission had advertised several posts for Senior Teachers in Government schools on 09.04.2018. As per the advertisement, the application could be filed between 10.05.2018 to 09.06.2018. Corrections in the applications made could be done between 10.06.2018 to 16.06.2018. The selection was to be made on the basis of written examination alone. In other words, there would be no oral interview but the selected candidate would be counseled before issuing the appointment orders. The date of this written examination was not published in the advertisement. It was held on 01.11.2018. The result of the written examination was published on 08.08.2019 and the counseling took place on 29.11.2019 and 02.12.2019.
Rule 11 of the said Rules pertains to academic and technical qualification and experience. Sub-Rule 1 of Rule 11 provides that a candidate for direct recruitment to the post mentioned in the schedule,
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.
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 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 judgment emphasized the importance of fixed cut-off dates for determining eligibility and the need for candidates to possess the requisite qualification on or before the last date for submitting ....
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