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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SAMEER JAIN
S.B. Civil Writ Petition No. 15220 of 2024 – Appellant
Versus
Rajasthan Public Service Commission – Respondent
JUDGMENT :
SAMEER JAIN, J.
1. The present writ petition is filed by the petitioner challenging the decision of the Rajasthan Public Service Commission (RPSC), as conveyed by the impugned letter dated 28.08.2024 (Annexure-9), which denies the petitioner’s candidature for the post of Hospital Care Taker under the MBC category. The learned counsel appearing for the petitioner prayed that directions may be given to the respondents to consider the petitioners’ candidature and quash the impugned decision, on the ground that the petitioner is eligible under the MBC category, and that she should have been granted age relaxation in accordance with the terms and guidelines laid out in the advertisement dated 23.05.2022 and the subsequent notification dated 23.09.2022.
2. Learned counsel appearing for the petitioner had submitted that the respondent-RPSC issued an advertisement dated 23.05.2022 for the recruitment on the post of Hospital Care Takers. The advertisement clearly outlined the total number of vacancies in both TSP and Non-TSP areas, specifically 55 vacancies, of which 50 were in the Non-TSP area. Among the Non- TSP vacancies, 02 posts were reserved for the MBC category. The petitione
Subsequent notifications cannot retroactively alter eligibility criteria established in earlier recruitment advertisements.
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
The absence of specific provision for age relaxation for specially abled candidates in the Rules, 2018, at the time of advertisement and application, led to the dismissal of the petitioner's claim fo....
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....
Deemed eligibility for recruitment is determined by the year of recruitment, not the year vacancies arose, as per the Rajasthan Judicial Service Rules, 2010.
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
The court established that amendments to recruitment rules are prospective and do not affect ongoing selection processes unless explicitly stated.
Point of law: Schedule III of the Rules of 2010 prescribes specific time schedule for determination and notification of the actual number of existing and expected vacancies in each cadre as also for ....
The court affirmed that special age limits for specific categories, like Ex-Servicemen, cannot be combined with general relaxations, maintaining the prescribed upper age of 50 years.
The relaxation of the upper age limit for government jobs is at the discretion of the State/Government and cannot be claimed as a matter of right by candidates of the EWS category.
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