Recruitment Process -Last Date To Fulfil Eligibility Criteria Is Last Date To Submit Applications, In The Absence Of Any Specific Rule: Supreme Court
Live LawThe Supreme Court emphasized that where there is an absence of any specific rule or prescription, the last day for fulfilling eligibility is the last date of submission of the application. The Supreme Court acknowledged a conflict between a 3-judge bench decision in Ashok Kumar Sharma v. Chander Shekhar 4 SCC 18 and Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board & 4 SCC 754. The Court referred to the observation made in Ashok Kumar Sharma’s case stating “A person who acquires the prescribed qualification after such prescribed date cannot be considered at all. A cut-off date to determine the candidates' eligibility must, therefore, be fixed.” Moreover, the court drew attention to the case of Shankar K. Mandal v. State of Bihar and 9 SCC 519 which reiterated the same principle that In the absence of a specific rule or date in the In the case at hand, the Supreme Court pointed out that clear rules existed in the form of CSE-2022, which provided the cut-off date.