LexSAKSHI ARHA versus THE RAJASTHAN HIGH COURT & ORS.
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[2025] 4 S.C.R. 714 : 2025 INSC 463 Sakshi Arha v. The Rajasthan High Court & Ors. (Civil Appeal No. 3957 of 2023) 08 April 2025 [Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih,* JJ.] Issue for Consideration The present set of appeals have travelled to this 3-Judge Bench as a result of the split verdict delivered through Judgment dated 18.05.2023 in Civil Appeal No. 3957 of 2023 and other connected matters. All the candidates had successfully cleared their preliminary examination, followed by mains examination, as per the requirements of marks in their respective categories. However, none of these candidates had their certificates issued as per the date specified in the Subsequent Notice (dated 04.08.2022), their names were not included in the list of the candidates called for interview. Headnotes† Judicial Services – Rajasthan Judicial Service Rules, 2010 – Recruitment – Reservation – Submission of caste certificate – Rajasthan High Court-respondent no.1 invited applications for appointment to the post of Civil Judge Cadre being the “Civil Judge Examination 2021” – Last date for receipt of applications was 31.08.2021 – A Notice dated 04.08.2022 (Subsequent Notice) was issued, which mentioned that the concerned reserved category certificates ought not to have been issued beyond 31.08.2021 – The appellants in all the appeals belong to different reserved categories, i.e., Other Backward Classes (Non Creamy Layer) (OBC-NCL) etc. – None of these candidates had their certificates issued as per the date specified in the Subsequent Notice, their names were not included in the list of the candidates called for interview – The appellants contended that the High Court of Rajasthan has erred in not considering that the conditions introduced by the Subsequent Notice, which arbitrarily limited the appellants’ chances in the selection process, despite they having a * Author [2025] 4 S.C.R. 715 Sakshi Arha v. The Rajasthan High Court & Ors. OBC-NCL/MBC-NCL certificate since 2016, which was valid as per the advertisement – This condition, therefore, violated fundamental rights of the appellant(s) – Moreover, there was no such requirement in the 2010 Rules as has been introduced by the Subsequent Notice – Correctness: Held: The Subsequent Notice, which was issued by the Rajasthan High Court on 04.08.2022, cannot be said to be arbitrary or without any basis – It specified that the certificate belonging to the concerned reserved category should have been issued prior or upto 31.08.2021 i.e. the last date of receipt of the application in pursuance to the Advertisement – This was because the Advertisement required a candidate to possess eligibility upto the cut-off date – As regards the specifications regarding a certificate issued between 31.08.2018 and 30.08.2020 along with the affidavit is concerned, this was based on the Government Circulars dated 09.09.2015 and 08.08.2019 which clarified that the certificate issued will be valid for one year extendable by three years with affidavit – Thus, the Subsequent Notice issued was in consonance with law and as per the Advertisement, applicable Rules, instructions and circulars issued by the competent authority – The plea of the appellants is unsustainable and deserves to be rejected – No relaxation can be granted in the given facts and circumstances of the case nor can it be claimed as a matter of right in the absence of any such discretionary clause in the Advertisement/Rules/Instructions. [Para 36] Case Law Cited Indra Sawhney and Others v. Union of India and Others [1992] Supp. 2 SCR 454 : (1992) Supp. 3 SCC 217 – followed. Rekha Chaturvedi (Smt) v. University of Rajasthan and Others [1993] 1 SCR 186 : (1993) Supp. 3 SCC 168 – relied on. Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board and Another (2016) 4 SCC 754 – distinguished. Bhupinderpal Singh and Others v. State of Punjab and Others (2000) 5 SCC 262; Ashok Kumar Sonkar v. Union of India and Others [2007] 3 SCR 95 : (2007) 4 SCC 54; Divya v. Union of India and Others [2023] 15 SCR 44 : (2024) 1 SCC 448; Indra Sawhney v. Union of India and Others [1999] Supp. 5 SCR 229 : (2000) 1 SCC 168; Ashoka Kumar Thakur v. State of Bihar and Others [1995] Supp. 3 SCR 269 : (1995) 5 SCC 403 – referred to. 716 [2025] 4 S.C.R. Supreme Court Reports List of Acts Rajasthan Judicial Service Rules, 2010. List of Keywords Judicial Services; Recruitment; Selectio
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