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FARJAND ALI
Manohar Vishnoi, S/o. Puna Ram – Appellant
Versus
State of Rajasthan, Through Principal Secretary, Department of Education, Government of Rajasthan – Respondent
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
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
Deemed eligibility for recruitment is determined by the year of recruitment, not the year vacancies arose, as per the Rajasthan Judicial Service Rules, 2010.
A candidate from a reserved category must meet unreserved eligibility criteria without claiming age relaxation when applying for unreserved posts unless expressly provided by recruitment rules or adv....
Subsequent notifications cannot retroactively alter eligibility criteria established in earlier recruitment advertisements.
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Appointment – Right of a candidate for being considered in terms of advertisement stands crystallized on the date of publication of advertisement – Any subsequent amendment to advertisement during co....
A candidate's eligibility cannot be negated by a subsequent amendment to the cut-off date if they were eligible under the original notification, as per the provisions of Rule 10 of the Rajasthan Anim....
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