Eligibility Of Candidate Is Assessed Based On Particulars & Documents Furnished At Time Of Application: Supreme Court Allows RPSC Appeal

The appeals before the Apex Court were filed by the Commission assailing the order affirming the judgment passed by the Single Judge directing the Commission to issue admit cards to the private respondents and permit them to appear in the preliminary examination for the posts of Assistant Prosecution Officer.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held, “A conjoint reading of the advertisement and the governing rules makes it evident that the relevant date for determining eligibility, including educational qualification, is the date of submission of the application. This is for the reason that the eligibility of a candidate is assessed on the basis of the particulars and documents furnished at the time of application, and there is no provision for subsequent supplementation or re-submission of such documents at a later stage.”

AOR Rajesh Singh Chauhan represented the Appellant, while AOR Siddhartha Jha represented the Respondent.

Factual Background

The private respondents were the writ petitioners before the High Court and were recent law graduates at the time of institution of the writ petitions. On March 7, 2024, the appellant-Rajasthan Public Service Commission, issued an advertisement inviting applications for 181 posts of Assistant Prosecution Officer. The respondents submitted their online application forms. As on the date of submission of the applications, the respondents had not acquired their degree and were yet to appear in the final year examination. By a press note issued by the appellant–Rajasthan Public Service Commission, the preliminary examination for the subject post was scheduled for January 19, 2025. Subsequently, by another press note, the appellant-RPSC clarified that under the Rajasthan Prosecution Subordinate Service Rules, 1978, candidates who were appearing in the final year of the prescribed educational qualification, or who had not acquired the requisite qualification as on the date of the selection examination, were not eligible to participate in the selection process.

The respondents did not possess an LL.B. degree as on the last date for submission of online applications, as they were yet to appear in the final examination of their course. They subsequently acquired the requisite qualification on August 22, 2024. Aggrieved thereby, the respondents approached the High Court by filing writ petitions seeking a direction to the appellant-RPSC to permit them to participate in the selection process for the subject post. The Single Judge allowed the writ petitions, and the Division Bench affirmed the same. Aggrieved thereby, the appellant approached the Apex Court.

Reasoning

On a perusal of the facts of the case, the Bench noted that the essential educational qualification prescribed under the subject advertisement requires a candidate to possess a Degree in Law (Professional) or an integrated Law degree from a university established by law in India. It was noticed that the seventh clause under the heading “Very Important Points/Notes” in the advertisement stipulated that applications shall initially be provisionally admitted to the recruitment process, subject to verification, and the candidature of any applicant is liable to be cancelled upon detection of ineligibility on account of age, educational qualification, or other prescribed conditions.

The Bench clarified that the proviso to Rule 12 of Rajasthan Prosecution Subordinate Service Rules, 1978, which granted relaxation to candidates appearing in the final year of the qualifying examination, came to be deleted by a notification dated October 10, 2002, issued by the respondent State. “The legislative intent underlying such deletion is clear and unambiguous, namely, that candidates who have not acquired the requisite educational qualification as on the relevant date are not eligible to apply for the post in question”, it added.

The Bench further noted that press note dated November 29, 2024, reiterated that under the Rajasthan Prosecution Subordinate Service Rules, 1978, there is no provision permitting candidates who are either appearing in the final year of the prescribed qualification or who acquire the qualification by the date of examination to participate in the selection process.

“We are also unable to concur with the reasoning of the High Court that, where two interpretations of the guidelines are possible, the one favourable to the candidates ought to be adopted. Such an approach, based on considerations of enlarging the pool of candidates or promoting competition, cannot be invoked when the language of the advertisement admits of only one clear and unambiguous interpretation. The prescribed eligibility condition unequivocally requires possession of the degree at the relevant point of time”, the Bench stated.

The Bench concluded the matter by holding that the press note dated November 29, 2024, was in complete consonance with the Rajasthan Prosecution Subordinate Service Rules, 1978, as well as the advertisement, and merely clarified the position that eligibility must be determined with reference to the date of submission of the application. Thus, allowing the appeals, the Bench set aside the impugned judgment.

Cause Title: Rajasthan Public Service Commission v. Lavanshu Sankhla & Ors. (Neutral Citation: 2026 INSC 444)

Appearance

Appellant: AOR Rajesh Singh Chauhan

Respondent: AOR Siddhartha Jha, Advocate Nikhil Purohit, AOR Harpreet Singh Gupta, Advocates Jatin Lalwani, Sandeep Malik, Arzoo Khan, Gourav Kumar, Satpal, Tara Chand Singh, Vinay Jaidka, Vaibhav Sharma, Prabjeet Sandhu, Anu, AOR Amit, AOR Nidhi Jaswal

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