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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Shivangi Pathak D/o Tej Prakash Pathak - Appellant
Versus
The Rajasthan Public Service Commission Through Its Chairman, Ajmer - Respondent
S.B. Civil Writ Petition No. 20295/2024
Decided On : 15-01-2025
(A) Rajasthan Prosecution Subordinate Service Rules, 1978 - Eligibility criteria for Assistant Prosecution Officer - Petitioners, recent law graduates, sought permission to participate in selection process despite being in final year during application - RPSC's corrigenda contradict initial guidelines allowing final year students to apply - Court found RPSC’s stance inconsistent and ruled that candidates who acquire qualifications before the examination are eligible. (Paras 24, 25)
(B) Administrative Law - Principles of natural justice and fair play - Changes to eligibility criteria mid-process violate fairness and create confusion - Court emphasized that candidates should not suffer from administrative oversight. (Paras 24, 25)
Facts of the case:
Petitioners submitted applications for APO post while awaiting final law examination results; RPSC later issued corrigenda stating only candidates with degrees by application deadline were eligible, contradicting initial guidelines.
Findings of Court:
RPSC’s corrigenda contradicted the original advertisement and guidelines; candidates who acquired qualifications before the examination must be allowed to participate.
Issues: The main issue was whether candidates who were in their final year could participate in the selection process despite not having their degrees at the time of application.
Ratio Decidendi: The court held that the eligibility criteria as per the original advertisement allowed final year students to apply, and RPSC's subsequent changes were unfair and unjustified.
Result: All petitions allowed; respondents directed to issue admit cards to petitioners.
Judgment :
ARUN MONGA, J.
1. The petitioners, recent law graduates, are before this Court seeking the issuance of an appropriate writ or direction commanding the respondents to permit their participation in the selection process for the post of Assistant Prosecution Officer (APO), a recruitment exercise qua which is being conducted after a decade-long hiatus. Their online applications were provisionally accepted on the condition that they obtain their law degrees by the date of the preliminary examination, scheduled for 19.01. 2025. In the interim period between submitting their applications and the preliminary examination, the petitioners have successfully completed their law degrees. However, at the time of submitting their applications, they were still students awaiting their final law examinations.
2. Vide this common judgment, above detailed/numbered bunch of eight petitions are being decided together as similar facts and issues are involved therein. For the sake of brevity, facts and recitals are being taken from the earliest of the writ petition bearing number S.B. Civil Writ Petition No. 20295/2024.
3. Relevant facts, shorn of unnecessary details, for the purpose of adjudication of controversy herein are that on 07.03.2024 Rajasthan Public Service Commission (for short ‘RPSC’) issued an advertisement for 181 post of Assistant Prosecution Officer (for short ‘APO’). Pursuant to the advertisement, the petitioner submitted her online application form on 18.03.2024. In the education qualification column, she indicated that her under graduation (LL.B.) result is awaited.
3.1. On 19.11.2024, the RPSC issued a press note announcing that the preliminary examination for the post of APO would be held on 19.01.2025. The note clarified that if candidates wish to make any changes in their online application forms, they could do so between 20.11.2024 to 26.11.2024, by paying a fee of Rs.500/-. It was also clarified that the candidates who do not have the required prescribed qualification/experience for the aforesaid post, may withdraw their online application during this period. Failure to do so would result in disqualification from future examinations and possible prosecution under Section 217 BNS.
3.2. On 29.11.2024, another press note was issued by the RPSC, stating that under the Rajasthan Prosecution Subordinate Service Rules , 1978 there is no provision to allow those candidates to participate in selection process, who are appearing in the final year of prescribed educational qualification or those who have not yet acquired the required qualification by the date of the selection examination.
3.3. The press note further clarified that, in the sequence of the said recruitment notification, only those candidates who have acquired the required educational qualification by the last date of application will be considered eligible for this recruitment. Therefore, candidates, who do not have the educational qualification by the last date of application, are required to withdraw their online application form between 30.11.2024 to 09.12.2024 at 12:00 PM. After this deadline, the link will automatically become inactive. Petitioner, as on the last date of online application did not have the LL.B. degree as she was yet to appear in the final examination of her degree. She acquired the required qualification on 22.08.2024. Hence this petition.
4. In response to the petition, the same is being opposed essentially on the ground that in case there is any ambiguity with regard to the cut off date, the same is to be treated as last date for applying online on the post in question i.e. 12.04.2024. Reliance in this respect has been taken to a judgment rendered by Supreme Court in Ashok Kumar Sonkar vs. Union of India & Ors., (2007) 4 SCC 54 .
4.1. Furthermore, the stand taken in the reply is that so far as the press note dated 19.11.2024 is concerned, the aforesaid press note was with regard to only online correction in the already submitted application for
Candidates who acquire qualifications before the examination are eligible to participate in recruitment processes, even if they were in final year at the time of application.
Eligibility criteria in recruitment must adhere to the original guidelines allowing final-year candidates to participate, ensuring clarity and fairness in selection processes.
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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.
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