SC: Eligibility For Recruitment To Be Determined As On The Date Of Application

The Supreme Court of India in Rajasthan Public Service Commission v. Lavanshu Sankhla & Ors. ruled that a candidate's eligibility must be assessed as on the date of submission of the application, and not at any subsequent point in time. The Court further clarified that the Rajasthan Prosecution Subordinate Service Rules, 1978, do not contain any provision that allows candidates who are in their final year of the prescribed qualification, or those who complete the requisite qualification only by the date of the examination, to participate in the selection process.

A bench of Justice Vikram Nath and Justice Sandeep Mehta heard appeals in which the Rajasthan Public Service Commission challenged the High Court’s direction permitting candidates to participate in the selection process despite not possessing the prescribed degree at the time of application; the core issue concerned whether the relevant date for acquiring the minimum essential qualification was the date of submission of the application or any time prior to the commencement of the interview.

The Court allowed the appeals, set aside the Division Bench judgment of the High Court and held that eligibility for the post was to be determined with reference to the date of submission of the application. The Court emphasised that the advertisement provisionally admitted candidates subject to verification and that there was no provision for subsequent supplementation of documents, and it noted that a proviso earlier permitting those appearing in the final year had been deleted by notification. 

The Court, in its reasoning, observed: "A conjoint reading of the advertisement and the governing rules makes it evident that the relevant date for determining eligibility, including educational qualification, is the date of submission of the application. This is for the reason that the eligibility of a candidate is assessed on the basis of the particulars and documents furnished at the time of application, and there is no provision for subsequent supplementation or re-submission of such documents at a later stage."

The judgment also recorded that the proviso to Rule 12 earlier allowed candidates appearing in the final year to apply but that this proviso was deleted by notification dated 10th October, 2002 and that the maxim "aliquid prohibetur ex directo, prohibetur et per obliquum", what cannot be done directly cannot be permitted to be done indirectly, applied to the facts of the matter. The Court further found that the press note dated 29th November, 2024 merely clarified the existing position under the Rajasthan Prosecution Subordinate Service Rules, 1978 and the advertisement and did not introduce any impermissible change of eligibility mid-process.

Background

The appeals arose from advertisement No. 19/Exam/A.P.O./Prosecution Deptt./EP-I/2023-24 dated 7th March, 2024 inviting online applications for 181 posts of Assistant Prosecution Officer, which prescribed as an essential qualification a degree in Law (Professional) or an integrated Law course from a university established by law in India. Several candidates submitted online applications while they were yet to acquire their LL.B. degree and had to appear in the final year examination. It was admitted in the record that the private respondents did not possess the LL.B. degree as on the last date for submission of online applications and that they subsequently acquired the requisite qualification on 22nd August, 2024.

The appellant-RPSC issued a press note dated 19th November, 2024 fixing the preliminary examination on 19th January, 2025 and advising withdrawal by candidates lacking the requisite qualification; a subsequent press note dated 29th November, 2024 clarified that under the Rajasthan Prosecution Subordinate Service Rules, 1978 there was no provision for candidates appearing in the final year or acquiring qualifications by the date of examination to be treated as eligible. The private respondents approached the High Court by writ petitions seeking directions to permit them to sit for the preliminary examination. The Single Judge allowed the writ petitions and directed issuance of admit cards; the Division Bench dismissed intra-court appeals and affirmed that order.

The Supreme Court reversed those decisions. It concluded that the advertisement and the governing Rajasthan Prosecution Subordinate Service Rules, 1978 required possession of the degree at the time of application, that the deleted proviso to Rule 12 removed any entitlement to apply while only appearing in the final year, and that allowing eligibility to be satisfied at any later stage would introduce uncertainty and administrative burden. The final result was that the common Division Bench judgment dated 12th August, 2025 was set aside and the appeals were allowed.

Case Details:
Case No.: CA @ SLP(C)No.32964/2025 and connected matters
NeutralCitation: 2026 INSC 444
Case Title: RAJASTHAN PUBLIC SERVICE COMMISSION v. LAVANSHU SANKHLA & ORS.

Source: 2026 CaseBase(SC) 377