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1997 Supreme(SC) 439

B.P.JEEVAN REDDY, S.SAGHIR AHMAD, S.B.MAJMUDAR
Ashok Kumar Sharma – Appellant
Versus
Chander Shekhar – Respondent


Judgement Key Points

The Supreme Court has established that for the purpose of determining a candidate's eligibility, the relevant qualifications must be possessed by the candidate on the last date prescribed for submitting the application. Any documents or qualifications obtained or "rectified" after this deadline, such as a later countersignature or certification, generally cannot be considered to retroactively establish eligibility. This principle emphasizes that the candidate's status at the time of application submission is the decisive factor, and subsequent amendments or recognitions cannot alter the eligibility criteria that were in effect on that specific date (!) .


JUDGMENT

B.P. Jeevan Reddy, J.-These two review applications are filed by the respondents in Civil Appeal Nos. 5407-5408 of 1992 decided on February 18, 1993 (reported in 1993 Suppl. (2) SCC 611).

2. On January 9, 1982 an advertisement was published inviting applications for appointment to the post of Junior Engineer in the service of the Jummu and Kashmir State. The last date for submitting applications was specifically stated as July 15, 1982. A pass in B.E. (Civil) examination was the minimum academic/technical qualification required for applying for the said post. A number of persons applied pursuant to the advertisement. Out of them, 33 persons (referred to hereinafter as the Respondents) had not passed the B.E. (Civil) Examination on or before July 15, 1982. They had appeared for the said examination earlier to the said date but the results were published only on August 21, 1982. Interviews were held on various dates commencing on August 24, 1982. Though these 33 persons (respondents) were not qualified as on the specified date, they were yet interviewed pursuant to certain instructions given by the Government. They were selected alongwith some other candidates.

3. Certain ca


















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