Chandra Bhan Choudhary vs State Of Rajasthan And Ors

The petitioner has approached this Court, challenging rejection of his candidature vide order dated 02.12.2019, inter alia, stating that petitioner had acquired requisite educational qualification (B.Ed.) on 09.09.2019, which is after the date of written examination, i.e. 01.11.2018.

The condition of the advertisement indisputably provided that a candidate, appearing in the last year of qualifying examination, shall be permitted to apply for the post, however, he will have to produce proof of clearing the requisite educational qualification prior to the date of the examination.

The condition reads thus:-

"उक्त पद की अपेक्षित शैक्षणिक अर्हता के अंतिम वर्ष में सम्मिलित हूआ हो या सम्मिलित होने वाला व्यक्ति भी आवेदन करने के लिए पात्र होगा, किन्तु उसे आयोग द्वारा आयोजित परीक्षा से पूर्व शैक्षणिक अर्हता अर्जित करने का सबूत देना होगा, अन्यथा वह अपात्र होगा।"

The facts appertain are that pursuant to advertisement dated 09.04.2018, petitioner furnished his application form, the date of written examination was 01.11.2018, whereas the petitioner cleared his Bachelors of Education on 09.09.2019.

Concededly, the petitioner has acquired requisite educational qualification much after the date of written examination and as such, the petitioner is not eligible for the post he had applied for, pursuant to advertisement dated 09.04.2018.

This Court, in a series of judgments, has held that such condition of the advertisement, which is in conformity with the Rule, has to be adhered to. A gainful reference of decision dated 23.01.2020, rendered in the case of Amilal Vs. State of Rajasthan (S.B. Civil Writ Petition No.17365/2019) can be made here, wherein interpreting identical provision of the advertisement and Rules, following observation was made:-

"A careful reading of the above provision reveals that the Rules require that a candidate, who has appeared or is appearing in the Final Year of the qualifying course can apply for the post, but he/she will be required to submit proof of having acquired the qualification before the date of written examination. A candidate is not supposed to submit such proof before the examination. As a matter of fact, he is supposed to furnish a proof that he had acquired such qualification before the date of written examination. Hence, notwithstanding the fact that petitioner was allowed to appear in the written examination, if the candidate has not acquired the requisite qualification by the date of written examination, he cannot be held eligible."

In view of the aforesaid, the writ petition lacks merit, for which it is dismissed. The stay application also stands dismissed.