1. Appointment — Essential qualification — Registration with Nursing Council — Non-registration by last date — Challenge to Single Judge order. (Para 1 , 5 , 6 )
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2026 Supreme(Raj) 584
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, ACJ., SHUBHA MEHTA, J.
Project Director, National Health Mission, Medical And Family Welfare Directorate – Appellant
Versus
Yamini Rathore, D/o. Shri Nand Kishor Rathore - Respondent
D.B. Civil Special Appeal (Writ) No. 1422 of 2025
Decided On : 09-03-2026
Important Points
Candidates must fulfill all essential qualifications stipulated in a recruitment advertisement by the specified cutoff date; failure to do so renders them ineligible, and courts cannot modify the advertisement terms to grant eligibility.
Subject
Service Law - Public Employment / Recruitment
Headnote
(A) Recruitment and Service Law - Essential Qualifications - Candidates must strictly adhere to the conditions of the advertisement; if essential qualifications are not fulfilled by the cutoff date, the candidate cannot be considered eligible for appointment. (Paras 2, 5, 6)
(B) Administrative Law - Adherence to Advertisement Terms - Terms and conditions of a recruitment advertisement cannot be treated as otiose or redundant, and courts should not modify these terms to the detriment of the established recruitment criteria. (Paras 2, 6)
Facts of the case:
A candidate applied for the post of Community Health Officer. The advertisement required candidates to be registered with the nursing council or show proof of having applied for registration on or before the last date of submission of the application form. The candidate possessed the required educational qualification but was not registered with the nursing council by the last date of submission, nor had she applied for registration by that date. The application for registration was filed subsequently, and registration was obtained after the last date of submission.
Findings of Court:
The respondent failed to meet the essential qualification criteria as specified in the advertisement. The application for registration with the nursing council was moved significantly after the last date of submission of the application form. Therefore, the respondent was not eligible for appointment.
Issues: Whether a candidate who fails to meet the essential qualification of registration with the nursing council or proof of application for registration by the cutoff date is eligible for appointment based on merit.
Ratio Decidendi: The court ruled that the essential qualifications stipulated in the recruitment advertisement are mandatory. A candidate who does not fulfill these requirements by the specified deadline is ineligible. Allowing such an appointment would effectively change the terms and conditions of the advertisement, which is not permissible.
Result: Special appeal (writ) allowed.
(B) Administrative Law - Adherence to Advertisement Terms - Terms and conditions of a recruitment advertisement cannot be treated as otiose or redundant, and courts should not modify these terms to the detriment of the established recruitment criteria. (Paras 2, 6)
Facts of the case:
A candidate applied for the post of Community Health Officer. The advertisement required candidates to be registered with the nursing council or show proof of having applied for registration on or before the last date of submission of the application form. The candidate possessed the required educational qualification but was not registered with the nursing council by the last date of submission, nor had she applied for registration by that date. The application for registration was filed subsequently, and registration was obtained after the last date of submission.
Findings of Court:
The respondent failed to meet the essential qualification criteria as specified in the advertisement. The application for registration with the nursing council was moved significantly after the last date of submission of the application form. Therefore, the respondent was not eligible for appointment.
Issues: Whether a candidate who fails to meet the essential qualification of registration with the nursing council or proof of application for registration by the cutoff date is eligible for appointment based on merit.
Ratio Decidendi: The court ruled that the essential qualifications stipulated in the recruitment advertisement are mandatory. A candidate who does not fulfill these requirements by the specified deadline is ineligible. Allowing such an appointment would effectively change the terms and conditions of the advertisement, which is not permissible.
Result: Special appeal (writ) allowed.
Legal Category Hierarchy
Advocates Appeared:
For the Appellant : Mr. Vigyan Shah, AAG with Mr. Priyam Agarwal.
For the Respondent: Mr. Pradeep Singh.
For the Appellant : Mr. Vigyan Shah, AAG with Mr. Priyam Agarwal.
For the Respondent: Mr. Pradeep Singh.
Table of Contents
2. State: conditions of advertisement cannot be made otiose — Respondent: possessed registration certificate at verification time. (Para 2 , 3 )
3. Respondent not registered nor applied for registration by last date — Essential qualification not fulfilled — Single Judge's view rejected. (Para 5 , 6 )
4. Failure to fulfill any essential qualification renders candidate ineligible — Terms of advertisement cannot be altered by court. (Para 6 )
5. Appeal allowed — Single Judge judgment set aside — Writ petition dismissed. (Para 6 , 7 )
6. Can a court alter the terms and conditions of an advertisement for public appointment?
No, the court cannot change the essential qualifications prescribed in an advertisement; doing so would improperly alter the terms of the recruitment. (Para 6 )
7. Is a candidate eligible if one essential qualification is fulfilled but another is not?
No, if even one essential qualification is not fulfilled the candidate cannot be held eligible for appointment. (Para 6 )
JUDGMENT :
1. The challenge in this appeal is to the order passed by the learned Single Judge dated 15.07.2025 whereby, he has allowed the writ petition filed by the respondent and directed as under:
“28. As a result, the writ petition succeeds, since petitioner is a higher meritorious candidate, than the last selected candidate, under the Category of OBC-NCL for the post of Community Health Officer in the present Recruitment-2022, hence, it is directed that respondents shall consider the candidature of petitioner on merits and, if found suitable, shall offer her appointment on the post of Community Health Officer pursuant to Advertisement dated 01.11.2022, within a period of four weeks.”
2. Learned Additional Advocate General submits that the learned Single Judge has erred in allowing the petition, as the conditions of the advertisement could not have been treated as otiose and redundant, as observed by the learned Single Judge. He submits that as per the advertisement, while candidates were permitted to get their certificate of registration with the Rajasthan Nursing Council verified on the date of verification and they could have gotten this registered even after the last date of application form, the essential qualification was that candidates who were not registered with the Rajasthan Nursing Council would have to show proof of having applied for registration on or before the last date of submission of the application form. Otherwise, essentially the advertisement mentioned that all the candidates should be registered with the Rajasthan Nursing Council. He submits that the learned Single Judge has treated the said paragraph of the essential requirement under Condition No.1 of the advertisement as being self-contradictory and, therefore, first paragraph as otiose. He further submits that there was no occasion to entertain the application of the petitioner, who had not applied for registration with the Rajasthan Nursing Council on or before the last date of submission of the application form.
3. Per contra, learned counsel appearing for the respondent submits that the respondent had earlier applied and her form had been rejected for registration with the Rajasthan Nursing Council, she did possess the registration certificate of the Rajasthan Nursing Council at the time of verification and therefore, there was no occasion to deprive her candidature for appointment.
4. We have considered the submissions.
5. The advertisement was issued on 01.11.2022 for the post of Community Health Officer on a contractual basis. The necessary essential qualification was that a candidate must possess the educational qualification of GNM and should be registered with the Rajasthan Nursing Council. However, even those candidates, who had applied for registration were treated to be eligible for participation. The application for registration was required to be submitted on or before the last date of submission of application form and the last date was 07.12.2022.
6. Considering the facts of the case, we find that the respondent had applied for appointment, although she possesses the qualification of GNM, she was not registered with the Rajasthan Nursing Council. We also notice that until the last date of submission of application form, she had not applied for registration with the Rajasthan Nursing Council. In fact the application for registration was moved on 29.02.2024 and she was registered on 14.06.2024 thus, two essential qualification as mentioned in the advertisement cannot be said to have been fulfilled. If, one of the qualification is fulfilled then a person cannot be held to be eligible. The view taken by the learned Single Judge therefore cannot be accepted as it would change the terms and conditions of the advertisement and we, therefore, set aside the judgment passed by the learned Single Judge dated 15.07.2025 and find no merits in the writ petition filed by the respondent.
7. The present special appeal (writ) is accordingly allowed.
