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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Sanjay Kumar S/o Magha Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
ARUN MONGA, J.
1. The petitioner herein, aspirant to become a Lecturer, School Education, pursuant to an advertisement dated 28.04.2022 (Annex.1) is before this Court seeking quashing of condition stipulated in the aforesaid advertisement providing for obtaining the educational qualification till the date of examination.
2. While none appears for the petitioner, my attention has been drawn to a judgment dated 23.08.2023, rendered by Single Bench of this Court at Jaipur in the case of Kuldeep Singh & Anr. Vs. The State of Rajasthan & Ors. : SB Civil Writ Petition No.5773/2023, the relevant whereof reads as under:-
"13. It is undisputed fact that in the advertisement dated 28.04.2022, pursuant to which petitioners have applied and participated in the direct recruitment for the post in question, there was a clear stipulation that aspiring candidate will have to possess the requisite educational qualification before the date of conducting the competitive examination by the RPSC. Admittedly, none of the petitioners could acquire the requisite eligibility qualification before the date of competitive examination of that post for that subject for which he/she applied. The cut off date
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.
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 delay and negligence on the part of a third-party cannot preclude the requirement of possessing the educational qualification before the cut-off date, as mandated by the statutory rules.
Employment and Service matter - Recruitment Process on basis of advertisement - Qualification - It is well settled that suitability and eligibility have to be considered with reference to last date f....
The main legal point established in the judgment is that eligibility of a candidate must be judged with reference to the last date for receiving the applications, and a person who acquires the prescr....
Eligibility criteria in recruitment must adhere to the original guidelines allowing final-year candidates to participate, ensuring clarity and fairness in selection processes.
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.
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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