SAKSHI ARHA versus THE RAJASTHAN HIGH COURT AND OTHERS

Citation: [2023] 9 S.C.R. 583 · Decided: 18-05-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Matter referred to larger bench

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Judgment (excerpt)

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583
SAKSHI ARHA
v.
THE RAJASTHAN HIGH COURT AND OTHERS
(Special Leave Petition (Civil) No. 16428 of 2022)
MAY 18, 2023
[AJAY RASTOGI AND BELA M. TRIVEDI, JJ.]
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 – An advertisement issued by respondent dated 22.07.2021,
selection process held for the post of Civil Judge – Appellants being
members of Other backward Classes (Non-creamy layer), More
Backward 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 later
to 31.08.2021 i.e last date of application form, the benefit of
reservation not extended to appellant – Writ filed before the High
Court was dismissed – Held: (Per Ajay Rastogi, J.): In the given facts
and circumstances, when the rules are silent and there is no such
instruction that the certificate of the category has to be produced of
the period on or before the last date of the application under the
advertisement and each of the applicants has produced the certificate
relating to category on being demanded by the recruiting authority
when the list came to be published of the candidates who were
provisionally called for interview on 04.08.2022, each of the
applicants indisputedly has furnished their certificate of the category
to which they belong at the time of advertisement and had
participated in the process of selection – High Court had gone wrong
and was influenced with the condition of eligibility to be looked into
on the last date of application – Respondents directed to consider
candidature of each of the appellant for appointment with
consequential benefits – Held (Per Bela M. Trivedi, J.) (Dissenting)
: It is no more res integra that in absence of a fixed date indicated
in the advertisement inviting applications, with reference to which
the requisite eligibility is to be judged, and when the rules are silent,
[2023] 9 S.C.R. 583 : 2023 INSC 559
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SUPREME COURT REPORTS
[2023] 9 S.C.R.
the only certain date for the scrutiny of the eligibility of a candidate
would be the last date for making the applications – Hence, this
Court found no error having been committed by the High Court
while passing the impugned judgments and orders.
Placing the matter before Hon'ble CJI for constitution of
appropriate Bench, the Court
Per AJAY RASTOGI, J.
HELD : 1. It is true that the general rule is that while
participating in the recruitment process, the person must possess
the eligibility qualification on the last date fixed for such purpose
unless there is any express provision to the contrary and there
can be no relaxation in the matter of holding requisite eligibility
qualification by the date fixed and this has to be established by
producing necessary certificate or degree, as the case may be.
But, at the same time, in order to avail the benefit of reservation
or weightage, necessary certificates have to be produced but they
are in the nature of proof for the purpose of seeking entitlement
to claim the benefit of reservation, but it has no nexus with the
last date of the application and, it may not be proper to apply any
rigid principle in the absence of any rule to the contrary. As a
matter of caution, every infraction of the rule relating to submission
of proof in availing the benefit of reservation may not necessarily
result in rejection of the candidature.[Para 32][606-F-H; 607-A]
2. The reservation of vacancies of various categories as
referred to in Rule 10 is not a condition of eligibility for the
candidate to participate in the selection process as the certificate
of category for the purpose of claiming reservation will arise not
at the stage when the application form is filled making self-
declaration by the individual candidate to participate in the
selection process but at the stage when the select list is to be
prepared of the candidates who have participated in the selection
process since the final select list has to be published category-
wise by giving the benefit of reservation to the candidates who
have participated in the process of selection and for no other
purpose and when the respondent has demanded from the applicant
to furnish their respective certificate of the 

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