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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Shivangi Pathak D/o Tej Prakash Pathak – Appellant
Versus
The Rajasthan Public Service Commission Through Its Chairman, Ajmer. – Respondent
| Table of Content |
|---|
| 1. petitioners qualified as law graduates. (Para 1 , 2 , 3) |
| 2. opposition to petition based on eligibility criteria. (Para 4) |
| 3. court's assessment of recruitment guidelines' ambiguity. (Para 5 , 6 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. supreme court ruling on cut-off dates is impactful. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court upholds candidates' eligibility based on prior qualifications. (Para 23) |
| 6. court directs admit cards issuance to eligible candidates. (Para 25 , 26) |
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, a
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.
(1) Appointment – Eligibility of a candidate is assessed on the basis of particulars and documents furnished at the time of application, and there is no provision for subsequent supplementation or re....
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.
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....
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.
Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.
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