Supreme Court settles eligibility for Ex-Servicemen Category in State Services: Rajasthan Public Service Commission vs. Shikun Ram Firoda (25 October 2019)

Date of the Judgment: 25 October 2019
Citation: (2019) INSC 1111
Judges: L. Nageswara Rao, J. and Hemant Gupta, J.

Can a press note issued by a Public Service Commission to allow corrections in application forms effectively change the eligibility criteria for a recruitment process? The Supreme Court of India recently addressed this question in a case concerning the Rajasthan Public Service Commission. The core issue revolved around whether candidates who were not ex-servicemen on the original application deadline could claim eligibility under the ex-servicemen category based on a subsequent press note that allowed for category changes. The judgment was delivered by a two-judge bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta, with the opinion authored by Justice Hemant Gupta.

Case Background

The Rajasthan Public Service Commission (RPSC) issued an advertisement on 18th June, 2013, for various posts in the Rajasthan State and Subordinate Services. The advertisement was made under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999. Initially, 233 posts were advertised for State Services and 490 for Subordinate Services. A corrigendum on 24th June, 2013, increased the total posts to 990.

On 10th July, 2014, the RPSC cancelled the examination due to irregularities. Subsequently, on 12th November, 2014, a press note was issued allowing candidates to correct their online application forms, including changing their category, upon payment of Rs. 100. The last date for submitting applications was 31st July, 2013, and the preliminary examination was held on 26th October, 2013.

The writ petitioners, including Laxman Singh, were serving in the Army on both the last date of application and the date of the preliminary exam. Laxman Singh retired on 31st July, 2014, and sought to change his category from General to Ex-servicemen based on the 12th November, 2014 press note. The RPSC rejected this change, leading to writ petitions.

The main contention of the writ petitioners was that the press note of 12th November, 2014 shifted the date of eligibility, allowing them to claim ex-servicemen status. The Rajasthan High Court Division Bench agreed with this contention, setting aside the single bench’s order which had rejected the writ petition of Laxman Singh.

Timeline:

Course of Proceedings

The writ petition filed by Laxman Singh was initially dismissed by a single judge of the High Court on 9th November, 2016. The single judge held that since Laxman Singh was not an ex-serviceman on the last date of application (31st July, 2013), he could not be considered under that category. However, this decision was overturned by the Division Bench of the High Court on 26th May, 2017. The Division Bench reasoned that the press note dated 12th November, 2014, effectively shifted the eligibility date to 28th November, 2014, the last date for making corrections, thus making the writ petitioners eligible under the ex-servicemen category.

The Rajasthan Public Service Commission then appealed to the Supreme Court against this order of the Division Bench of the High Court.

Legal Framework

The case is governed by the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999. These rules govern the recruitment process for various state services.

The Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988, were also brought into consideration, particularly Rule 6B, which was inserted on 21st May, 2019. This amendment made candidates eligible under the ex-servicemen category if they were retiring within one year.

Arguments

Arguments of the Rajasthan Public Service Commission:

• The press note dated 12th November, 2014, was solely for correcting mistakes and changing categories in already submitted application forms, not for inviting fresh applications.
• The press note did not shift the date of eligibility.
• A candidate not eligible on the last date of application cannot become eligible by using the press note to change category.
• The High Court erred in shifting the eligibility date based on the press note.

Arguments of the Respondents (Writ Petitioners):

• The press note of 12th November, 2014, effectively shifted the date of eligibility to 28th November, 2014.
• The amendment to the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988, which allowed those retiring within one year to apply, showed the intention of the Public Service Commission to allow Army personnel retiring in the near future to compete for State Civil Services.

[TABLE] of Submissions

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in a separate section, but the core issue was:

1. Whether the press note dated 12th November, 2014, had the effect of shifting the eligibility date for the ex-servicemen category, allowing candidates who were not ex-servicemen on the original application deadline to claim eligibility.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues:

Authorities

The Court considered the following legal provisions:

• Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999: These rules govern the recruitment process for various state services.
• Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988, Rule 6B: This rule, inserted on 21st May, 2019, made candidates eligible under the ex-servicemen category if they were retiring within one year.

The Court did not rely on any specific case laws in its decision.

[TABLE] of Authorities

Judgment

How each submission made by the Parties was treated by the Court?

How each authority was viewed by the Court?

• The Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 were considered to understand the overall recruitment process.
• The Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988, Rule 6B, was considered, but the court held that the amendment was not retrospective and did not apply to the present case.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the interpretation of the press note and the established rules for eligibility. The court emphasized that a press note meant for correcting mistakes cannot be used to alter the eligibility criteria established by the original advertisement.

The court also noted that the amendment to the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988, was not retrospective and did not apply to the facts of the case.

[TABLE] of Sentiment Analysis of Reasons

Fact:Law Ratio

Logical Reasoning:

The court considered alternative interpretations, such as the argument that the press note shifted the eligibility date. However, the court rejected this interpretation because it would mean that a press note issued for corrections could alter the fundamental eligibility criteria of the recruitment process. The court emphasized that the press note was only for corrections and category changes and not for shifting the eligibility criteria.

The court’s decision was based on the principle that eligibility criteria must be clearly defined and cannot be altered by a subsequent press note which is meant for corrections.

The court held that the High Court erred in shifting the eligibility date based on the press note, which was restricted only for correction of mistakes or change of category.

The court quoted from the judgment, “Press Note was not issued for giving an opportunity to the candidates to apply afresh. Therefore, what could be corrected was the mistake or the category i.e. from General to any of the reserved category or vice-versa but not that a candidate who is not eligible in terms of advertisement issued on 18th June, 2013 becomes eligible under the guise of correction of mistakes.”

The court also stated, “We do not find any merit in the argument raised by the learned counsel for the respondents. In fact, such argument supports the argument raised by the appellants that an Army personnel who is retiring within forthcoming one year was not eligible prior to amendment on 21st May, 2019.”

The court further clarified, “It is only on 21st May, 2019, an Army personnel who is retiring within forthcoming one year becomes eligible to apply for the State Services. Such amendment has not been given retrospective effect nor such amendment is clarificatory amendment as it confers a new right to the personnel retiring within next one year for the first time.”

Key Takeaways

• A press note issued for corrections in application forms cannot alter the eligibility criteria for a recruitment process.
• Candidates must meet the eligibility criteria as of the last date of application specified in the original advertisement.
• Amendments to rules cannot be applied retrospectively unless explicitly stated or if the amendment is clarificatory in nature.
• The judgment reinforces the importance of adhering to the eligibility criteria specified in the original advertisement.
• Future cases with similar facts will be decided based on this judgment.

Directions

The Supreme Court, in exercise of powers under Article 142 of the Constitution of India, ordered that all Army personnel who had been appointed and joined the state services under the ex-servicemen category based on the High Court’s order would continue in their positions. However, no other candidate would be appointed based on the High Court’s order.

Development of Law

The ratio decidendi of the case is that a press note issued for corrections in application forms cannot be used to alter the eligibility criteria for a recruitment process. This judgment clarifies that eligibility must be determined based on the original advertisement and not any subsequent press notes meant for corrections. The judgment reinforces the principle that eligibility criteria must be clearly defined and cannot be altered by a subsequent press note which is meant for corrections.

Conclusion

The Supreme Court allowed the appeals filed by the Rajasthan Public Service Commission, setting aside the order of the Division Bench of the High Court. The court held that the press note issued for corrections in application forms did not shift the eligibility date for the ex-servicemen category. The court emphasized that eligibility must be determined based on the original advertisement, and a press note meant for corrections cannot alter the eligibility criteria. The court, in exercise of powers under Article 142 of the Constitution of India, protected the appointments already made but prohibited further appointments based on the High Court’s order.