Case Note & Summary
The Supreme Court addressed appeals challenging a High Court order regarding eligibility for the Ex-servicemen category in recruitment for Rajasthan State and Subordinate Services. The case arose from an advertisement published on June 18, 2013, inviting applications for various posts, with a subsequent corrigendum increasing the number of posts. A Press Note issued on November 12, 2014, allowed candidates to correct their application forms, which led to disputes over eligibility. The writ petitioners, who were serving in the Army, sought to change their status to Ex-servicemen after the last date for application submission. The Single Bench dismissed their petitions, stating they were not Ex-servicemen by the last application date. However, the Division Bench overturned this, claiming the Press Note shifted the eligibility date. The Supreme Court found merit in the Commission's argument that the Press Note was only for correcting existing applications and did not allow for new eligibility claims. The Court emphasized that the amendment to the rules allowing those retiring within a year to apply did not have retrospective effect. Consequently, the Supreme Court set aside the High Court's order while allowing those already appointed under the High Court's decision to retain their positions, invoking Article 142 of the Constitution. The appeals were thus allowed.
Headnote
A) Administrative Law - Eligibility Criteria - Shifting of Eligibility Date - Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999, Rule 6B - The High Court's decision to shift the eligibility date based on the Press Note was erroneous as it only allowed corrections to existing applications and did not invite fresh applications. The Supreme Court held that the eligibility criteria must be adhered to as per the original advertisement and the Press Note did not confer new rights (Paras 8-10).
Issue of Consideration
Whether the Press Note issued by the Rajasthan Public Service Commission shifted the eligibility date for Ex-servicemen category applicants.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order, and directed that those already appointed under the High Court's decision could retain their positions, but no new appointments would be made under that order.
Law Points
- Eligibility criteria
- correction of application forms
- amendment of rules
- retrospective effect
- Article 142 powers
