Rajasthan High Court - Jaipur
Zaiba Khan And Ors vs State Of Raj And Ors on 16 July, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.12307/2013 (Zaiba Khan & Ors. Vs. State of Rajasthan & Ors.) Date of Order : 16th July, 2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Nawab Ali Rathore, for the petitioner/s. BY THE COURT:
The Rajasthan Madarsa Board, Jaipur issued an advertisement for the post of Urdu Eduction Assistant and Computer Education Assistant. The last date for submission of application form is 21.07.2013. The candidate is required to possess qualification mentioned in the advertisement, as application form is to be filled on-line referring to qualification possessed by the candidate.
The grievance of the petitioner is regarding delay in declaration of result of B.Ed. The examination of which started on 16th May, 2013 and ended on 03rd July, 2013. The declaration of result will take time, thus prayer is made to allow the petitioner to fill the application form.
I have considered the submissions made by learned counsel and find that required qualification for the posts in question is provided in Para No.1 of the advertisement apart from other qualification of BSTC/B.Ed. The last date for submission of application form is 21st July, 2013. In view of above, the petitioner is required to possess qualification on or before the last of submission of application form. It is in view of the judgment of Hon'ble Apex Court in the case of Shankar K. Mandal & Ors. Vs. State of Bihar & Ors. reported in (2003) 9 SCC 519. Relevant part of the judgment in the case of Shankar K. Mandal (supra) is quoted hereunder for ready reference:
The principles culled out from the decisions of this Court (See Ashok Kumar Sharma and Ors.v. Chander Shekhar and Anr. (1997 (4) SCC 18, Bhupinderpal Singh v. State of Punjab (2000 (5) SCC 262 and Jasbir Rani and ors. v. State of Punjab and Anr. (2002 (1) SCC 124) are as follows:
(1) The cut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules;
(2) If there is no cut off date appointed by the rules then such date shall be as appointed for the purpose in the advertisement calling for applications; and (3) If there is no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received by the competent authority.
The petitioner can submit application form only when he is in possession of required qualification otherwise not. The examination of B.Ed. has ended only on 03rd July, 2013, thus it is not even case of delay in declaration of result. In the light of the aforesaid, if the petitioner does not possess qualification before the last date of submission of application form, he cannot be held to be eligible for appointment and to fill application form.
In the light of the aforesaid, the writ petition is found to be devoid of merit, hence, it is dismissed so as the stay application.
(M.N. BHANDARI), J.
S/No.370 Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.