Supreme CourtAdministrative and Public LawEmployment and Labour Law

Eligibility for recruitment is determined on the application deadline absent specific rules permitting subsequent qualification acquisition.

Rajasthan Public Service Commission, Ajmerv.Lavanshu Sankhla

Eligibility for recruitment is determined on the application deadline absent specific rules permitting subsequent qualification acquisition.. Rajasthan Public Service Commission, Ajmer vs Lavanshu Sankhla. Supreme Court. LawLens
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In brief

The question

1. Whether the relevant date for acquiring the minimum essential qualification is the date of submission of the application or any time prior to the commencement of the interview/examination process

The court held

It held that the cut-off date for eligibility is the date of submission of the application pursuant to the advertisement

It also directed

The Supreme Court allowed the appeals and set aside the High Court’s judgment. Consequently, the Respondents, who did not possess Law degrees on the application deadline, were ineligible to participate in the recruitment process

01Facts

The Appellant-RPSC invited applications for 181 posts of Assistant Prosecution Officer via an advertisement dated March 7, 2024, which prescribed a Degree in Law as the essential qualification

¶ 7

The Respondents, who were final-year law students at the time, applied despite not having completed their degrees

¶ 8, 11

RPSC issued press notes on November 19 and 29, 2024, clarifying that candidates must possess the requisite qualification by the last date of application and mandated the withdrawal of ineligible applications

¶ 9-10

The Respondents, having acquired their degrees by August 22, 2024 (after the application deadline but before the exam), challenged these notices. Both a Single Judge and a Division Bench of the Rajasthan High Court ruled in favor of the candidates, directing RPSC to permit them to sit for the examination

¶ 13-14

02Issues

i.1. Whether the relevant date for acquiring the minimum essential qualification is the date of submission of the application or any time prior to the commencement of the interview/examination process

¶ 3

03Law Applied

Rule 12 of the Rajasthan Prosecution Subordinate Service Rules, 1978 prescribes the academic qualifications for the post

¶ 19

While a prior proviso allowed final-year students to apply subject to qualifying before the selection, this proviso was expressly deleted by a notification dated October 10, 2002

¶ 20

The Court applied the legal maxim "aliquid prohibetur ex directo, prohibetur et per obliquum" (what cannot be done directly cannot be permitted to be done indirectly)

¶ 21

Provisions in the judgment · 1 · Linked ones open on LawLens

Bharatiya Nyaya Sanhita, 2023 Section 217

04Reasoning

The Court observed that the deletion of the proviso to Rule 12 in 2002 evidenced a clear legislative intent: candidates must possess the degree at the time of application

¶ 20

It rejected the High Court’s reasoning that "two interpretations" were possible; the Court held that the advertisement's requirement to "possess" a degree is unambiguous and excludes those who might acquire it in the future

¶ 21, 23

The Court reasoned that moving the eligibility cutoff to the exam or interview stage would create administrative chaos and uncertainty, as eligibility must be assessed based on documents furnished at the time of application

¶ 18, 24

The press note dated November 29, 2024, was deemed a valid clarification of the existing rules, not a mid-process change of conditions

¶ 25

05Holding

It held that the cut-off date for eligibility is the date of submission of the application pursuant to the advertisement

¶ 18

The Supreme Court allowed the appeals and set aside the High Court’s judgment. Consequently, the Respondents, who did not possess Law degrees on the application deadline, were ineligible to participate in the recruitment process

¶ 25, 26-27
Supreme Court

Original Court PDF

Rajasthan Public Service Commission, AjmervsLavanshu Sankhla

Supreme Court · May 04, 2026

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