The main legal point established in the judgment is the validity and importance of fixed cut-off dates for job applications, as well as the discretion of the rule-making authority in fixing such dates.

D.N. Patel, J.

This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge passed in W.P. (S) No. 5058 of 2010 dated 3rd September, 2014, whereby the petition preferred by this appellant was dismissed mainly on the ground that this appellant (original petitioner) applied for the post of Constable (Driver) and cut-off date for submitting the documents was 25th February, 2010 and, as he has submitted his vital certificate of training of Home Guard on 26th May, 2010, he was not given the benefit of such certificate; because after the prescribed cut-off date of 25th February, 2010, be cannot submit his document. On this ground, the writ petition was dismissed and, hence, the original petitioner has preferred the present Letters Patent Appeal.

2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that public advertisement was issued by the respondent-State bearing Advertisement No. 1/2010 inviting applications for the post of Constable (Driver) for which this appellant had preferred an application. The prescribed last date for submitting all the documents was 25th February, 2010.

3. It appears that along with the application preferred by this appellant, he had never submitted the certificate of training of Home Guard. This is an admitted fact.

4. It further appears appellant could obtain the training certificate in the month of April, 2010 (Annexure-4). Thus the training certificate of the Home Guard was obtained in the month of April, 2010 and was submitted with a forwarding letter dated 26th May, 2010 and, hence, he was not entitled to the benefit of this certificate. There is a reservation of 50% for the Home Guard trained candidates, but, such benefit cannot be given to this appellant because this appellant had not completed the training prior to 25th February, 2010 nor he was issued a certificate prior to 25th February, 2010, nor he has submitted such document prior to 25th February, 2010.

5. It ought to be kept in mind that whenever there is a cut-off date given in the advertisement either for age limit or for educational qualification or for submitting the documents, there are bound to few persons falling on the wrong side of the cut-off date. If any person is falling on the wrong side of the cut-off date as he could not get the proper educational qualification or such other requirements prior to the cut-off date then such cut-off date cannot be extended by this Court otherwise there will be no end of such type of submission of documents. Few persons may be late by few days few other persons may be late by few months, and there can also be a possibility that few persons may be late by few years. If this type of cut-off date are extended by this Court then there will be no declaration of the final result at all of any public post.

6. It has been held by the Hon'ble Supreme Court in the case of Jagdish Prasad Sharma and others v. State of Bihar and others reported in (2013) 8 SCC 633 in paragraph Nos. 74, 77, 78 and 79 as under :-

"74. The said submission, in our view, is not acceptable on account of the fact that in the first paragraph of Section 67(a) it has been categorically stated that the age of superannuation would be 62 years. The second paragraph of the said section makes it even more clearer since it reiterates that the date of retirement of non-teaching employees, other than the inferior servants, shall be the date on which he attains the age of 62 years. The first proviso also indicates that the university shall in no case, extend the period of service of any of the teaching or non-teaching employee after he attains the age of 62 years. The second proviso, however, states that even after retirement, teachers may be reappointed in appropriate cases up to the age of 65 years in the manner laid down in the Statutes made in this behalf in accordance with the guidelines of the Commission.

27. We are inclined to