REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8146 OF 2019 (ARISING OUT OF SLP (CIVIL) NO. 1103 OF 2018)

RAJASTHAN PUBLIC SERVICE COMMISSION,  AJMER & ANR. .....APPELLANT(S)

VERSUS

SHIKUN RAM FIRUDA & ANR. .....RESPONDENT(S)

W I T H

CIVIL APPEAL NOS. 8148-8149 OF 2019 (ARISING OUT OF SLP (CIVIL) NOS. 13624-13625 OF 2018)

CIVIL APPEAL NO. 8147 OF 2019 (ARISING OUT OF SLP (CIVIL) NO. 2453 OF 2018)

A N D

CIVIL APPEAL NO. 8150 OF 2019 (ARISING OUT OF SLP (CIVIL) NO. 18460 OF 2019)

J U D G M E N T

HEMANT GUPTA, J.

1. The  challenge  in  these  appeals  is  to  an  order  passed  by  the

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Division  Bench of  the  High  Court  of  Judicature  for  Rajasthan at

Jodhpur on 26th May,  2017,  which is  the subject  matter  of  Civil

Appeal Nos. 8148-8149 of 2019 and the orders passed on different

dates following the said order.   

2. The  brief  facts  leading  to  the  present  appeals  are  that  an

advertisement  was  published  on  18th June,  2013  inviting

applications  for  various  posts  in  the  Rajasthan  State  and

Subordinate Services under the Rajasthan State and Subordinate

Services  (Direct  Recruitment  by  Combined  Competitive

Examination) Rules, 19991.  Number of posts advertised were 233

in  the  State  Services  and  490  in  the  Subordinate  Services.   A

corrigendum was issued on 24th June, 2013 increasing number of

posts to 990.  It was on 10th July, 2014, a Press Note was issued

cancelling  the  examination  on  account  of  certain  irregularities

which came to the notice of the Commission.  On 12th November,

2014, another Press Note was issued, which has led to the present

set  of  appeals.  The  Press  Note  gave  an  opportunity  to  the

candidates  to  make corrections  in  their  online  application  forms

and change of category after payment of Rs.100/-.  The said Press

Note reads as under:

“ “PRESS NOTE”

That, an opportunity is given to the applicants, who have applied  online  for  recruitment  of  Rajasthan  Subordinate Service 2013 to correct the mistakes category change or make  any  other  amendment  in  their  application  forms online.

1  for short, ‘Rules’

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The amendments can be done by paying Rs.100/- through e-mitra/online Banking.  The correction/ amendment can be  done  online  on  the  website  of  the  commission  i.e. rpconline.rajasthan.gov.in from 13.11.2014 to 28.11.2014 (till midnight 12:00).  Any written application for correction will not be accepted.  Application for correction will not be accepted by the Commission after due date.

(N.K. Thakral) Secretary”

3. The last date of submission of application forms was 31st July, 2013

and the preliminary examination was conducted on 26th October,

2013.   The respondents,  who shall  hereinafter  be called as writ

petitioners, were serving in the Army on the last date of submission

of  application  form  as  also  on  the  date  on  which  preliminary

examination was held on 26th October, 2013.  Laxman Singh, one

of  the writ  petitioners,  retired on 31st July,  2014 but applied for

change  of  status  from  General  Category  to  Ex-servicemen

Category  in  pursuance  of  the  Press  Note  dated  12th November,

2014.  Since, such change was not accepted, writ petitions were

filed.  Writ petition filed by Laxman Singh was dismissed by the

learned Single Bench on 9th November, 2016 holding as under:

“It is admitted fact that on 31.07.2013 which was last date of submission of application form petitioner was not Ex- servicemen and could only be treated in the category of OBC.   Therefore,  on  31.07.2013,  petitioner  was  not  Ex- servicemen, he cannot be considered as such.  Therefore, action of the respondent to reject the candidature of the petitioner  under  the  Ex-servicemen  category  cannot  be faulted with.  However, the petitioner be considered as per the merit list under the category of OBC.”

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4. Such order was set aside in appeal on 26th May, 2017, inter alia, on

the ground that the Press Note has the effect of shifting the date of

eligibility.  It was held as under:

“The  view  taken  by  the  learned  Single  Judge  in  the impugned decision that  the two had yet to  acquire the status  of  Ex-servicemen  by  the  last  date  for  filling  the applications pursuant to the advertisement dated June 18, 2013, has overlooked the fact that on November 12, 2014 another advertisement was issued which would have the effect of shifting the date of eligibility norms acquiring to November 28, 2014.”

5. It is the said order or the orders following the said order are the

subject matter of challenge in the present set of appeals.

6. Learned counsel  appearing on behalf  of  the Commission argued

that  the  Press  Note  was  issued  giving  an  opportunity  to  the

candidates to correct the mistakes consequent to cancellation of

online examination process.  The permissible corrections which can

be  made were  category  change  i.e.  from General  to  Scheduled

Castes, Scheduled Tribes, Other Backward Classes, Ex-servicemen

or vice-versa but a candidate who was not eligible on the last date

of submission of application forms cannot be treated to be eligible

only  because  the  candidates  were  permitted  to  correct  the

mistakes and update their categories.  It is argued that the Division

Bench of the High Court was not justified in holding that the date of

eligibility  stand shifted in  terms of  the Press Note.   It  is  further

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argued that the Press Note was not to invite fresh applications but

only  to  make  corrections  in  the  application  forms  already

submitted.  Therefore, a candidate who is not eligible on the last

date of submission of application cannot be treated to be eligible in

the category of Ex-servicemen when the writ  petitioners were in

active service on the last date of submission of application forms.

7. Learned  counsel  for  the  respondents  have  referred  to  an

amendment  in  the  Rajasthan  Civil  Services  (Absorption  of  Ex-

servicemen) Rules, 1988, wherein Rule 6B has been inserted on

21st May,  2019.   The amendment makes a candidate eligible  to

apply  in  the  category  of  Ex-servicemen  who  is  retiring  within

forthcoming one year.  Thus, it is contended that the intention of

the Public Service Commission and the State when Press Note was

issued was to provide an opportunity to the members of the Army

who were  retiring  in  the  near  future  to  compete  for  State  Civil

Services.   

8. We find merit in the argument raised by the learned counsel for the

appellants.  The Press Note was issued only to allow the corrections

or to change category in the application forms already submitted

online.  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

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eligible  in  terms  of  advertisement  issued  on  18th June,  2013

becomes eligible under the guise of correction of mistakes.  We

find that the High Court has erred in law in shifting the eligible date

on the basis of Press Note which was restricted only for correction

of mistakes or change of category.     

9. 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.  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.  Thus,  the  order

passed by the Division Bench cannot be sustained and is thus set

aside.

10. We  have  been  informed  that  in  terms  of  order  passed  by  the

Division Bench of  the High Court,  certain candidates have been

appointed and have joined the State services, though subject to

the decision of the present proceedings.  Therefore, in exercise of

powers conferred under Article 142 of the Constitution of India, we

order that all those Army personnel who have been appointed and

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joined  in  the  category  of  Ex-servicemen in  terms  of  the  orders

passed by the Division Bench of the High Court will  continue as

such but no other candidate will be appointed in terms of the order

passed by the High Court.   

11. The appeals are thus allowed.     

.............................................J. (L. NAGESWARA RAO)

.............................................J. (HEMANT GUPTA)

NEW DELHI; OCTOBER 25, 2019.

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