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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Sayar Devi Spouse/o Hukmaram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
(ARUN MONGA, J.)
1. Under challenge herein is an order dated 29.03.2019 (Annex.3), vide which, the candidature of the petitioner on the post of Safai Employee was rejected on the ground that petitioner was beyond the maximum age prescribed in the advertisement dated 13.04.2018.
2. Brief facts of the case are that the respondents initiated a recruitment process for the post of Safa Employees in accordance with Rajasthan Municipalities (Safai Employees Service) Rules, 2012 (for short the Rules of 2012 only) vide an advertisement dated 13.04.2018. Being eligible, petitioner submitted her application for the post of Safai Employee. On being found successful, she was issued appointment letter vide order dated 02.09.2018. However, vide order dated 29.03.2019 (Annex.3), respondent no.2 canceled the appointment of the petitioner on the ground that she is overage.
3. Relevant stand taken by the respondents in their reply is that petitioner filed the present writ petition against the order dated 29.03.2019, which terminated her services on the grounds of being overage for the post of Safai Karamchari and submitting false or contradictory information during the Committee’s review. The app
The court established that age relaxation provisions in recruitment rules apply universally to all candidates, ensuring fairness in the selection process.
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.
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
Eligibility for appointment must be maintained until the last date of the advertisement; cancellation of selection process due to material error is justified.
Eligibility for appointment when age limits are improperly applied in recruitment processes.
The court determined that the age limit set for Social Worker posts was improperly applied, leading to entitlements based on merit.
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....
Candidates who participated in a recruitment process should not be denied the opportunity to apply in subsequent processes due to age limits, especially when the previous process was cancelled.
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
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