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The State of Rajasthan & Anr. vs Anju Rini Saini

Civil Appeal · 2022 INSC 137Decided 2 Feb 2022
Civil Appeal No. 872 of 2022
K.M. Joseph · Hrishikesh Roy

Background

In 2013, the Rajasthan government advertised vacancies for Lower Division Clerk, requiring applicants to hold a computer certificate (RSCIT) by the application deadline. The respondent, a widow applying under the reserved widow quota, did not have the certificate by that date or even the extended deadline, and her application was rejected. She obtained the certificate only in November 2014. When the recruitment process (stalled by litigation) resumed via a 2017 notice continuing the same 2013 drive, she reapplied, but was again rejected for lacking the qualification at the relevant time. She went to the High Court, which ruled in her favour, and the State appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the 2017 notice was not a fresh recruitment but a continuation of the original 2013 process, meaning only candidates who held the required qualification by the original (or extended) deadline could be considered. Since the respondent admittedly lacked the RSCIT certificate at that time, she was never eligible. The Court also held that a special rule allowing later regularisation of qualifications (Rule 266-A) did not apply because it was meant for widows already appointed as teachers after a qualification relaxation, not for someone never appointed at all, and not for the LDC post in question. The Court ruled that sympathy for a widow candidate under Article 15 could not override the plain eligibility requirements, and restored the rejection of her candidature.

Lesson Learnt

In government recruitment, eligibility is generally locked in as of the deadline stated in the original advertisement; a later notice continuing the same recruitment drive does not create a fresh opportunity to acquire missing qualifications, and courts will not direct appointment contrary to the governing rules merely on sympathetic grounds.

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

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