Judicial Service – Rajasthan Judicial Service Rules, 2010 – r.
10 – Selection for the post of Civil Judge – Submission of caste certificate – Certificate not accepted – Benefit of Reservation not given – An advertisement issued by respondent dated 22.07.2021, selection process held for the post of Civil Judge – Appellants being members of Other backward Classes (Non-creamy layer), More Backward Class (NCL) and from the Economically weaker Section (EWS), applied for the post in their respective reserved category – Exam conducted – Appellants scored higher marks in their category, however, their certificate relating to category was somewhere later to 31.08.2021 i.e last date of application form, the benefit of reservation not extended to appellant – Writ filed before the High Court was dismissed – Held: (Per Ajay Rastogi, J.): In the given facts and circumstances, when the rules are silent and there is no such instruction that the certificate of the category has to be produced of the period on or before the last date of the application under the advertisement and each of the applicants has produced the certificate relating to category on being demanded by the recruiting authority when the list came to be published of the candidates who were provisionally called for interview on 04.08.2022, each of the applicants indisputedly has furnished their certificate of the category to which they belong at the time of advertisement and had participated in the process of selection – High Court had gone wrong and was influenced with the condition of eligibility to be looked into on the last date of application – Respondents directed to consider candidature of each of the appellant for appointment with consequential benefits – Held (Per Bela M. Trivedi, J.) (Dissenting) : It is no more res integra that in absence of a fixed date indicated in the advertisement inviting applications, with reference to which the requisite eligibility is to be judged, and when the rules are silent, the only certain date for the scrutiny of the eligibility of a candidate would be the last date for making the applications – Hence, this Court found no error having been committed by the High Court while passing the impugned judgments and orders. Placing the matter before Hon'ble CJI for constitution of appropriate Bench, the Court
Per AJAY RASTOGI, J.
HELD : 1. It is true that the general rule is that while participating in the recruitment process, the person must possess the eligibility qualification on the last date fixed for such purpose unless there is any express provision to the contrary and there can be no relaxation in the matter of holding requisite eligibility qualification by the date fixed and this has to be established by producing necessary certificate or degree, as the case may be. But, at the same time, in order to avail the benefit of reservation or weightage, necessary certificates have to be produced but they are in the nature of proof for the purpose of seeking entitlement to claim the benefit of reservation, but it has no nexus with the last date of the application and, it may not be proper to apply any rigid principle in the absence of any rule to the contrary. As a matter of caution, every infraction of the rule relating to submission of proof in availing the benefit of reservation may not necessarily result in rejection of the candidature.[Para 32][606-F-H; 607-A]
2. The reservation of vacancies of various categories as referred to in Rule 10 is not a condition of eligibility for the candidate to participate in the selection process as the certificate of category for the purpose of claiming reservation will arise not at the stage when the application form is filled making selfdeclaration by the individual candidate to participate in the selection process but at the stage when the select list is to be prepared of the candidates who have participated in the selection process since the final select list has to be published categorywise by giving the benefit of reservation to the candidates who have participated in the process of selection and for no other purpose and when the respondent has demanded from the applicant to furnish their respective certificate of the category to which one had participated in the selection process under its notice dated 04th August, 2022, indisputedly each of the applicant had furnished the certificate of their category to which one belong at the time of advertisement when demanded by the recruiting authority in terms of Clause 6(i) & (iii) read with Clause 22(3) of the advertisement dated 22nd July, 2021. [Para 34][607-E-H]
3. That apart, taking into consideration the Scheme of Rules, 2010, which is indisputedly, silent on the subject issue and the advertisement dated 22nd July, 2021 nowhere indicates that the caste certificate/certificate of category has to be produced of the period prior to the last date of the application (31st August, 2021) in the instant case. To the contrary, Clause 6(i) & (iii) read with Clause 22(3) of the advertisement, such certificate of category which one claimed for seeking the benefit of reservation, has to be produced on demand by the recruiting authority. [Para 38][610B-C]
4. In the given facts and circumstances, when the rules are silent and there is no such instruction that the certificate of the category has to be produced of the period on or before the last date of the application under the advertisement and each of the applicants has produced the certificate relating to category on being demanded by the recruiting authority when the list came to be published of the candidates who were provisionally called for interview on 04 th August, 2022, each of the applicants indisputedly has furnished their certificate of the category to which they belong at the time of advertisement and had participated in the process of selection. At this stage, the High Court had gone wrong and was influenced with the condition of eligibility to be looked into on the last date of application, while examining the production of certificate of the category to which the candidate belong and participated in the selection process is in no manner co-related with the conditions of eligibility and the judgments relied upon to non-suite the claim of the appellants has no application in the facts of the instant case. [Para 39][610-D-F]
5. The appeals succeed and are accordingly allowed. The impugned judgment of the High Court is hereby quashed and set aside and the respondents are directed to consider candidature of each of the appellant for appointment with consequential benefits including seniority to the post of Civil Judge on their participation in the selection process held pursuant to advertisement dated 22nd July, 2021.[Para 43][612-C-D]
Ashok Kumar Sonkar v. Union of India and Others (2007) 4 SCC 54 : [2007] 3 SCR 95; Jyoti Beniwal v. The Rajasthan High Court, Jodhpur Through Its
Registrar General and Another (D.B. Civil Writ
Petition No.11784/2022); Rakesh Kumar Sharma v. State (NCT of Delhi) and Others (2013) 11 SCC 58; Rekha Chaturvedi (Smt.) v. University of Rajasthan and Others (1993) 3 Supp SCC 168 : [1993] 1 SCR 186; Bhupinderpal Singh and Others v. State of Punjab and Others (2000) 5 SCC 262; Jasbir Rani and Others v. State of Punjab and Another (2002) 1 SCC 124 : [2001]
4 Suppl. SCR 494; Shankar K. Mandal and Others v. State of Bihar and Others (2003) 9 SCC 519 : [2003]
3 SCR 796; Dolly Chhanda v. Chairman, Jee & Others (2005) 9 SCC 779 : [2004] 5 Suppl. SCR 79; Ram
Kumar Gijroya v. Delhi Subordinate Services Selection Board and Another (2016) 4 SCC 754; Karn Singh
Yadav v. Govt. of NCT of Delhi and Others (2022) SCC OnLine SC 1341 - referred to.
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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