Devlal Meghwal and Another vs State of Rajasthan and Another

M.N. Bhandari, J.—The petitioner applied for the post of LDC. On remaining successful and finding place in merit, he was called for verification of documents. The petitioner could not produce the documents pertaining to Computer course thus his candidature was rejected vide order at Annexure-10. Learned counsel submits that petitioner had already taken admission in the required educational course however result has not yet been declared, rather examinations have been delayed.

I find that selection agency cannot wait for a candidate to pass out required educational qualification and that too when course certificate was to be shown at the time of verification and otherwise qualification should have been obtained on or prior to the crucial date mentioned in the advertisement. The petitioner is not having required qualification even on the date of verification of documents thus direction to the respondents to wait for petitioner to obtain qualification cannot be given. I do not find action of the respondents to be illegal. The issue aforesaid is covered by the judgment of Hon''ble Apex Court in the case of Shankar K. Mandal and Others Vs. State of Bihar and Others, The relevant para of the aforesaid judgment is quoted hereunder for ready reference:

The principles culled out from the decisions of this Court (See Ashok Kumar Sharma and Others Vs. Chander Shekhar and Another, , Bhupinderpal Singh and Others Vs. State of Punjab and Others, and Jasbir Rani and Others Vs. State of Punjab and Another, are as follows:

(1) The cut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules;

(2) If there is no cut off date appointed by the rules then such date shall be as appointed for the purpose in the advertisement calling for applications; and

(3) If there is no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received by the competent authority.

In view of the aforesaid judgment and in this case when Rule provides crucial date to possess required educational qualification, an order cannot be passed contrary to it. The writ petition so as stay application are thus found to be devoid of merit hence dismissed.