IMPORTANT POINT
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.

ORDER :

Farjand Ali, J.

1. The petitioner herein has preferred the instant writ petition seeking quashment of the order dated 18.07.2024 (Annex.12), whereby the respondents have rejected the candidature of the petitioner for appointment on the post of Librarian Grade-III on the ground of not fulfilling the age criteria prescribed under the initial recruitment advertisement dated 21.05.2018 and further he has sought direction for the respondents to grant him appointment on the aforesaid post.

2. Briefly stated facts of the case are that an advertisement dated 21.05.2018 was issued by the Rajasthan Subordinate and Ministerial Service Selection Board, Jaipur inviting applications from eligible candidates for recruitment to the post of Librarian Grade-III as per the Rajasthan Education Subordinate Service Rules, 1971 and the Rajasthan Scheduled Areas Subordinate Ministerial and Class IV Service (Recruitment and Conditions of Service) Rules, 2014. As per clause 9 of the advertisement, an aspirant must have completed the age of 18 years as on 01.01.2019 to be eligible for appointment. The date of birth of the petitioner is 06.07.2001, as such, he had not completed the age of 18 years as on 01.01.2019 and therefore, he did not apply in pursuance of the aforesaid advertisement. Later on, the State Government vide notifications dated 13.02.2019 and 19.02.2019 extended reservation to the extent of 5% and 10% to the Most Backward Class and Economically Weaker Sections. Thereafter, the Principal Secretary, Department of Personnel vide order dated 23.06.2019 issued instructions to the agencies undertaking recruitment for various posts to the effect that for recruitments, where no examination had been conducted, the recruitment agency shall issue a revised recruitment advertisement providing revised classification of vacancies. It was also instructed that candidates of all categories shall be allowed to re-apply and the candidates who were earlier ineligible and did not apply, but are eligible at the time of the revised advertisement, their applications shall be accepted treating them eligible under the fresh advertisement. In pursuance of the order dated 23.06.2019, an amended advertisement dated 01.11.2019 was issued by the Board. The clause No.4 of the revised advertisement stipulated that all those candidates who were earlier ineligible and did not apply, however, were now eligible, shall be allowed to participate in the recruitment process. The petitioner had completed the minimum prescribed age of 18 years on the date of revised advertisement, therefore, he submitted his application form for recruitment to the post of Librarian Grade-III. The petitioner faced the selection process and eventually after document verification, vide order dated 25.03.2021, his name was recommended by the Board for posting/appointment. However, not steps were taken by the respondents to grant appointment to the petitioner, therefore, he preferred a writ petition bearing S.B. Civil Writ Petition No.4712/2022. The said writ petition was disposed of by this court vide order dated 29.11.2023 upon assurance given on behalf of the respondents that they shall pass appropriate orders strictly in accordance with law and give appointment to the petitioner in pursuance of the recommendation made by the Rajasthan Staff Selection Commission on 02.02.2023, if decision is taken in his favour. However, the respondents vide order dated 18.07.2024 have rejected the candidature of the petitioner citing the reason that he had not completed the age of 18 years on the cut off date provided under the original advertisement dated 21.05.2018. Hence, the petitioner has preferred the instant writ petition.

3. Learned counsel for the petitioner submits that clause 4 of the revised advertisement clearly provides that those candidates, who were ineligible at the time of the original advertisement, but became eligible at the time of issuance of the revised advertisement, shall be allowed to