Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date

The Supreme Court, recently, delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date. However, Justice Trivedi concluded that the appellants who are the defaulters could not be given preferential treatment by accepting the certificates produced by them as valid, though the same were obtained by them after the last date for the submission of applications fixed in the Factual Background Candidates belonging to Other Backward Classes, More Backward Class and Economically Weaker Section qualified for the post of Civil Judge, but were not considered in their respective category because they furnished their certificates after the last date indicated on the job Analysis by the Supreme Court Justice Rastogi: He noted that it is not the respondents’ case that the concerned candidates do not hold the eligibility of the respective categories, but their only fault is that their certificate is of a later date than the one mentioned in the job Placing reliance on a catena of judgments, the judge noted that when the rules are silent and no date is notified to satisfy the eligibility requirement under the It was also noted that the general rule is that when one participates in the recruitment process, they must possess the eligibility qualification on the last date fixed for the purpose unless there is express provision to the contrary or there is some relaxation. In the present case, the rules are silent that the certificate of the category has to be produced of the period on or before the last date of application, the candidates had furnished their certificate at the time of Justice Trivedi: She noted that in the notice dated 4th August, 2022, the candidates were directed to bring all the original documents along with the attested/certified photocopies at the time of interview. If such certificates are obtained subsequent to date of their application or subsequent to the last date of submission of the applications mentioned in the Justice Trivedi concluded that it is trite law that in absence of fixed date indicated in the Case details Sakshi Arha v. Rajasthan High Court And Ors.| 2023 LiveLaw SC 460 |SLP No.