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Rajasthan High Court, Jodhpur & Anr. v. Neetu Harsh & Anr.

Civil Appeal · 2019 INSC 978Decided 29 Aug 2019
Civil Appeal No. 6696 of 2019
Justice R. Banumathi · Justice A.S. Bopanna

Background

Neetu Harsh applied as a General Category candidate for the post of Civil Judge-cum-Judicial Magistrate in the Rajasthan Judicial Service Examination, 2016, without applying under or submitting a disability certificate for the category reserved for differently-abled persons at the time of application. After not being selected, she later claimed entitlement to a reserved vacancy for disabled candidates, and the Rajasthan High Court directed the recruiting authorities to consider her candidature under that reserved category; this was challenged before the Supreme Court.

Decision Breakdown

The Supreme Court set aside the High Court's direction, holding that a candidate who opts for the General Category at the time of application cannot later change that choice and claim a reserved-category benefit, especially where the required disability certificate was not produced with the application. It also noted inherent contradictions in her claim (the original disability certificate described a locomotor disability, while she later claimed visual impairment), observing that such a disputed medical/eligibility question could not simply be resolved by a court mandamus, and that disturbing an already-made appointment under the general process would be unjustified at that stage.

Lesson Learnt

Candidates seeking a reservation benefit (such as for disability) must claim that category and submit supporting proof at the time of application itself: a reserved-category claim cannot ordinarily be asserted for the first time after the selection process is already underway or completed.

Official source (sci.gov.in)View Judgment (PDF)

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