Rajasthan Public Service Commission vs Lavanshu Sankhla & Ors.

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 – The Rule 12 of Rajasthan Prosecution Subordinate Service Rules, 1978 earlier contained a proviso granting exemption to candidates who had appeared or were appearing in the final year examination of the course – However, it is pertinent to note that the aforesaid proviso to Rule 12, came to be deleted by respondent no. 2-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 – The requirement in the advertisement that a candidate must “possess” a Degree in Law (Professional) or an integrated Law degree from a recognised university necessarily excludes those candidates who are yet to acquire such qualification or who may acquire it at a future date – The prescribed eligibility condition unequivocally requires possession of the degree at the relevant point of time – The press note dated 29.11.2024 is in complete consonance with the Rajasthan Prosecution Subordinate Service Rules, 1978 and the advertisement dated 07.03.2024 and merely clarifies the position that eligibility must be determined with reference to the date of submission of the application. [Paras 18-20, 23, 25]

Maxim – Aliquid prohibetur ex directo, prohibetur et per obliquum:

Held: What cannot be done directly cannot be permitted to be done indirectly – The said principle embodies the rule that what is expressly prohibited by law cannot be circumvented through indirect means. [Para 21]