RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER & ANR. versus SHIKUN RAM FIRODA & ANR.

Citation: [2019] 13 S.C.R. 1092 · Decided: 25-10-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 13 S.C.R.
RAJASTHAN PUBLIC SERVICE COMMISSION,
AJMER & ANR.
v.
SHIKUN RAM FIRODA & ANR.
(Civil Appeal No. 8146 of 2019)
OCTOBER 25, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Rajasthan State and Subordinate Services (Direct Recruitment
by Combined Competitive Examination) Rules, 1999 – Advertisement
published on 18.06.13 inviting applications for various posts in
the Rajasthan State and Subordinate Services under the 1999 Rules
– Press Note issued on 10.07.14 cancelling the examination on
account of certain irregularities – On 12.11.14, another Press Note
was issued giving opportunity to the candidates to make corrections
in their online application forms and change of category – Last
date of submission of application forms was 31.07.13 and the
preliminary examination was conducted on 26.10.13 – Respondents
were serving in the Army on the last date of submission of form as
also on the date of preliminary examination – One of the writ
petitioners, retired on 31.07.14 but applied for change of status
from General Category to Ex-servicemen Category in pursuance of
the Press Note dtd. 12.11.14 – Change not accepted – Writ petitions
filed – Dismissed holding that on the last date of submission of
form the writ petitioner was not Ex-Servicemen and hence cannot
be treated as such – Order set aside by Division Bench – Held:
Press Note was issued only to allow the corrections or to change
category in the application forms already submitted online – It was
not issued for giving an opportunity to the candidates to apply afresh
– Therefore, what could be corrected was the mistake or the category
i.e. from General to any of the reserved category or vice-versa but
not that a candidate who is not eligible in terms of advertisement
issued on 18.06.13 becomes eligible under the guise of correction
of mistakes – High Court erred in law in shifting the eligible date
on the basis of Press Note which was restricted only for correction
of mistakes or change of category – Order of the Division Bench
 [2019] 13 S.C.R. 1092
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set aside – Further, all the Army personnel appointed and joined in
the category of Ex-servicemen in terms of the orders passed by the
Division Bench will continue as such but, no other candidate will
be appointed in terms of the order passed by the High Court –
Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988
– r.6B – Constitution of India – Art.142 – Service Law.
Rajasthan Civil Services (Absorption of Ex-servicemen) Rules,
1988 – Amendment, r.6B inserted on 21.05.19 – Operation and
applicability of – Discussed.
Allowing the appeals, the Court
HELD: 1. The Press Note was issued only to allow the
corrections or to change category in the application forms already
submitted online. Press Note was not issued for giving an
opportunity to the candidates to apply afresh. Therefore, what
could be corrected was the mistake or the category i.e. from
General to any of the reserved category or vice-versa but not
that a candidate who is not eligible in terms of advertisement
issued on 18th June, 2013 becomes eligible under the guise of
correction of mistakes. The High Court erred in law in shifting
the eligible date on the basis of Press Note which was restricted
only for correction of mistakes or change of category. An Army
personnel who is retiring within forthcoming one year was not
eligible prior to amendment on 21st May, 2019.  It is only on 21st
May, 2019, an Army personnel who is retiring within forthcoming
one year becomes eligible to apply for the State Services. Such
amendment has not been given retrospective effect nor such
amendment is clarificatory amendment as it confers a new right
to the personnel retiring within next one year for the first time.
Thus, the order passed by the Division Bench cannot be sustained
and is thus set aside. All those Army personnel who have been
appointed and joined in the category of Ex-servicemen in terms
of the orders passed by the Division Bench of the High Court
will continue as such but no other candidate will be appointed in
terms of the order passed by the High Court. [Paras 8-10][1096-
H; 1097-A-F]
RAJASTHAN PUBLIC SERVICE COMMISSION,
AJMER & ANR. v. SHIKUN RAM FIRUDA & ANR.
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SUPREME COURT REPORTS
[2019] 13 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8146
of 2019.
From the Judgment and Order dated 09.10.2017 of the  High
Court  of   Judicature for Rajasthan 

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