Case Note & Summary
The Supreme Court of India heard appeals by the Rajasthan Public Service Commission against a Division Bench order of the Rajasthan High Court. The dispute arose from a recruitment process initiated by an advertisement dated 18.06.2013 for State and Subordinate Services under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999. The last date for submission of applications was 31.07.2013, and the preliminary examination was held on 26.10.2013. Due to irregularities, the examination was cancelled on 10.07.2014. Subsequently, on 12.11.2014, a Press Note was issued allowing candidates to correct mistakes or change category in their online application forms upon payment of Rs.100. The respondents, who were serving in the Army on the last date of application and on the date of the preliminary examination, sought to change their category from General to Ex-servicemen under this Press Note. One of them, Laxman Singh, retired on 31.07.2014. The Commission rejected their requests, leading to writ petitions. The Single Judge dismissed the petitions, holding that the petitioners were not Ex-servicemen on the last date of application. However, the Division Bench reversed this, holding that the Press Note shifted the eligibility date to 28.11.2014. The Supreme Court allowed the appeals, holding that the Press Note was only for corrections and did not alter the eligibility date. The Court also noted that an amendment to the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 on 21.05.2019, which allowed retiring personnel to apply as Ex-servicemen, was not retrospective. However, under Article 142, the Court protected those who had already been appointed pursuant to the High Court's order, but directed that no further appointments be made on that basis.
Headnote
A) Service Law - Recruitment - Eligibility Date - Press Note for Correction - The last date for submission of application forms is the cut-off date for determining eligibility of candidates. A subsequent Press Note allowing corrections or change of category does not shift the eligibility date. Candidates who were not eligible on the last date cannot become eligible by virtue of such Press Note. (Paras 8-9) B) Service Law - Ex-servicemen - Amendment of Rules - Retrospective Effect - An amendment to the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 inserting Rule 6B on 21.05.2019, which allows a candidate retiring within one year to apply as Ex-servicemen, confers a new right and is not retrospective. It does not apply to recruitment processes prior to the amendment. (Para 9) C) Constitutional Law - Article 142 - Protection of Appointments - The Supreme Court, in exercise of powers under Article 142 of the Constitution of India, protected the appointments of Army personnel who had already joined in the Ex-servicemen category pursuant to the High Court's order, but directed that no further appointments be made based on that order. (Para 10)
Issue of Consideration
Whether a Press Note permitting correction of mistakes and change of category in online application forms can shift the date of eligibility for candidates who were not eligible on the last date of submission of application forms.
Final Decision
The Supreme Court allowed the appeals, set aside the Division Bench order of the Rajasthan High Court, and held that the Press Note did not shift the eligibility date. However, under Article 142 of the Constitution, the Court directed that Army personnel who had already been appointed and joined in the Ex-servicemen category pursuant to the High Court's order would continue, but no further appointments would be made based on that order.
Law Points
- Eligibility date for recruitment is the last date for submission of application forms
- Press Note for correction of mistakes does not shift eligibility date
- Amendment to Rules conferring new right is not retrospective
