Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Judicial Service – Rajasthan Judicial Service Rules, 2010 – r.10 – Selection for the post of Civil Judge – Submission of castecertificate – Certificate not accepted – Benefit of Reservation notgiven – An advertisement issued by respondent dated 22.07.2021,selection process held for the post of Civil Judge – Appellants beingmembers of Other backward Classes (Non-creamy layer), MoreBackward 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 laterto 31.08.2021 i.e last date of application form, the benefit ofreservation not extended to appellant – Writ filed before the HighCourt was dismissed – Held: (Per Ajay Rastogi, J.): In the given factsand circumstances, when the rules are silent and there is no suchinstruction that the certificate of the category has to be produced ofthe period on or before the last date of the application under theadvertisement and each of the applicants has produced the certificaterelating to category on being demanded by the recruiting authoritywhen the list came to be published of the candidates who wereprovisionally called for interview on 04.08.2022, each of theapplicants indisputedly has furnished their certificate of the categoryto which they belong at the t ime of advertisement and hadparticipated in the process of selection – High Court had gone wrongand was influenced with the condition of eligibility to be looked intoon the last date of application – Respondents directed to considercandidature of each of the appellant for appointment withconsequential benefits – Held (Per Bela M. Trivedi, J.) (Dissenting): It is no more res integra that in absence of a fixed date indicatedin the advertisement inviting applications, with reference to whichthe requisite eligibility is to be judged, and when the rules are silent, the only certain date for the scrutiny of the eligibility of a candidatewould be the last date for making the applications – Hence, thisCourt found no error having been committed by the High Courtwhile passing the impugned judgments and orders. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2023 INSC 559 |
Petitioner | Sakshi Arha |
Respondent | The Rajasthan High Court And Others |
SCR | [2023] 9 S.C.R. 583 |
Judgement Date | 2023-05-18 |
Case Number | 16428 |
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