Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 – Advertisement published on 18.06.13 inviting applications for various posts in the Rajasthan State and Subordinate Services under the 1999 Rules – Press Note issued on 10.07.14 cancelling the examination on account of certain irregularities – On 12.11.14, another Press Note was issued giving opportunity to the candidates to make corrections in their online application forms and change of category – Last date of submission of application forms was 31.07.13 and the preliminary examination was conducted on 26.10.13 – Respondents were serving in the Army on the last date of submission of form as also on the date of preliminary examination – One of the writ petitioners, retired on 31.07.14 but applied for change of status from General Category to Ex-servicemen Category in pursuance of the Press Note dtd. 12.11.14 – Change not accepted – Writ petitions filed – Dismissed holding that on the last date of submission of form the writ petitioner was not Ex-Servicemen and hence cannot be treated as such – Order set aside by Division Bench – Held: Press Note was issued only to allow the corrections or to change category in the application forms already submitted online – It was not issued for giving an opportunity to the candidates to apply afresh – Therefore, what could be corrected was the mistake or the category i.e. from General to any of the reserved category or vice-versa but not that a candidate who is not eligible in terms of advertisement issued on 18.06.13 becomes eligible under the guise of correction of mistakes – High Court erred in law in shifting the eligible date on the basis of Press Note which was restricted only for correction of mistakes or change of category – Order of the Division Bench set aside – Further, all the Army personnel appointed and joined in the category of Ex-servicemen in terms of the orders passed by the Division Bench will continue as such but, no other candidate will be appointed in terms of the order passed by the High Court – Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – r.6B – Constitution of India – Art.142 – Service Law.
Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – Amendment, r.6B inserted on 21.05.19 – Operation and applicability of – Discussed.
Allowing the appeals, the Court
HELD: 1. The Press Note was issued only to allow the corrections or to change category in the application forms already submitted online. Press Note was not issued for giving an opportunity to the candidates to apply afresh. Therefore, what could be corrected was the mistake or the category i.e. from General to any of the reserved category or vice-versa but not that a candidate who is not eligible in terms of advertisement issued on 18 th June, 2013 becomes eligible under the guise of correction of mistakes. The High Court erred in law in shifting the eligible date on the basis of Press Note which was restricted only for correction of mistakes or change of category. An Army personnel who is retiring within forthcoming one year was not eligible prior to amendment on 21st May, 2019. It is only on 21st May, 2019, an Army personnel who is retiring within forthcoming one year becomes eligible to apply for the State Services. Such amendment has not been given retrospective effect nor such amendment is clarificatory amendment as it confers a new right to the personnel retiring within next one year for the first time. Thus, the order passed by the Division Bench cannot be sustained and is thus set aside. All those Army personnel who have been appointed and joined in the category of Ex-servicemen in terms of the orders passed by the Division Bench of the High Court will continue as such but no other candidate will be appointed in terms of the order passed by the High Court. [Paras 8-10][1096H; 1097-A-F]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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