Service Law — Recruitment — Essential qualification — Relevant date for eligibility Paras 3, 18, 25 Issue: Whether eligibility is to be determined on date of application or prior to interview. Held: Relevant date is date of submission of application. Eligibility must be assessed on particulars furnished at that stage; no subsequent acquisition permissible.

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APEX COURT HELD THAT

Service Law — Recruitment — Essential qualification — Relevant date for eligibility

Paras 3, 18, 25

• Issue: Whether eligibility is to be determined on date of application or prior to interview.
• Held: Relevant date is date of submission of application.
• Eligibility must be assessed on particulars furnished at that stage; no subsequent acquisition permissible.

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Recruitment Rules — Advertisement — Interpretation — “Possession” of qualification

Paras 17, 21

• Requirement to “possess” qualification means actual acquisition on relevant date.
• Candidates not holding qualification on last date of application are ineligible.
• Future acquisition of qualification does not cure initial ineligibility.

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Recruitment Process — Mid-process clarification — Validity

Paras 22, 25

• Press note clarifying eligibility does not alter conditions but reiterates statutory position.
• Clarification consistent with rules and advertisement is valid.

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Rajasthan Prosecution Subordinate Service Rules, 1978 — Deletion of proviso — Effect

Para 20

• Earlier proviso permitting final-year candidates deleted (10.10.2002).
• Legislative intent: Only candidates already qualified on relevant date are eligible.

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Doctrine — What cannot be done directly cannot be done indirectly

Para 21

• Maxim aliquid prohibetur ex directo, prohibetur et per obliquum applied.
• Candidates cannot indirectly claim eligibility by acquiring qualification later.

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Interpretation — Beneficial construction in recruitment — Limits

Para 23

• Principle of adopting interpretation favourable to candidates inapplicable where language is clear.
• No scope for liberal interpretation when eligibility criteria is unambiguous.

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Administrative Law — Certainty in selection process

Para 24

• Allowing later acquisition of qualification would:
  • introduce uncertainty,
  • create administrative burden,
  • undermine structured recruitment process.

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Judicial Review — High Court error — Interference by Supreme Court

Paras 16, 26

• High Court erred in permitting candidates lacking qualification on relevant date.
• Supreme Court set aside impugned judgment.

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RATIO DECIDENDI

Paras 18, 25

Eligibility for recruitment must be determined strictly with reference to the last date of application, and candidates must possess the prescribed qualification on that date; subsequent acquisition is irrelevant.