Three-Judge Bench upholds Rajasthan HC notice that reserved-category certificates must be dated on or before application cut-off; appeals dismissed

A bench of Justices Augustine George Masih, Abhay S. Oka and Ahsanuddin Amanullah heard appeals challenging a Rajasthan High Court direction that OBC-NCL/MBC-NCL/EWS certificates for recruitment to the Civil Judge cadre must have been issued on or before the last date for receipt of applications. The appeals arose from multiple writ petitions by candidates who cleared preliminary and mains examinations but were excluded from interviews for having category certificates issued after the application cut-off.

The Court dismissed the appeals and upheld the Division Bench order of the Rajasthan High Court, holding that the High Court's Subsequent Notice of 4 August 2022 — which treated 31.08.2021 (the last date for receipt of applications) as the cut-off for issuance of reserved-category certificates — was not arbitrary and was consistent with applicable circulars and recruitment rules. The Court noted that the Advertisement required candidates to produce a "certificate issued by the Competent authority as per rules" and that eligibility must be assessed as on the cut-off date for applications. The Court, in its reasoning, observed: “The Subsequent Notice, which was issued by the Rajasthan High Court on 04.08.2022, cannot be said to be arbitrary or without any basis. It specified that the certificate belonging to the concerned reserved category should have been issued prior or upto 31.08.2021 i.e. the last date of receipt of the application in pursuance to the Advertisement. This was because the Advertisement required a candidate to possess eligibility upto the cut-off date. As regards the specifications regarding a certificate issued between 31.08.2018 and 30.08.2020 along with the affidavit is concerned, this was based on the Government Circulars dated 09.09.2015 and 08.08.2019… Thus, the Subsequent Notice issued was in consonance with law and as per the Advertisement, applicable Rules, instructions and circulars issued by the competent authority.” The Court therefore held that no relaxation could be granted to the appellants in the facts of the case and dismissed the appeals.

Background: The Rajasthan High Court had advertised recruitment for Civil Judge (Cadre) 2021 with the last date for online applications fixed as 31.08.2021. The Advertisement required candidates to furnish category certificates issued by the competent authority but did not specify a cut-off date for issuance of such certificates. Preliminary and mains examinations were held; thereafter the High Court issued a Subsequent Notice on 04.08.2022 stating that certificates for reserved categories should not have been issued beyond 31.08.2021 and that certificates issued between 31.08.2018 and 30.08.2020 could be accepted only with an affidavit in terms of State circulars.

Several candidates (belonging to OBC-NCL, MBC-NCL, EWS categories) who had certificates dated before or after 2018–2022 challenged their exclusion from interviews in writ petitions to the Rajasthan High Court. The Division Bench relied on precedents (including Ashok Kumar Sonkar and other decisions) and State circulars dated 09.09.2015 and 08.08.2019 which provided that non-creamy-layer certificates were valid for one year and could be validated up to three years with an affidavit. The High Court dismissed petitions; Special Leave Petitions were filed in this Court and were heard by the three-judge bench following a split decision below.

The Supreme Court recited settled law that, in the absence of a specified date in the rules or advertisement, eligibility must be determined with reference to the last date for submission of applications. Quoting earlier precedent, the Court noted that “The contention that the required qualifications of the candidates should be examined with reference to the date of selection and not with reference to the last date for making applications has only to be stated to be rejected.” Applying the statutory scheme, circulars and precedents to the facts, the Court concluded that none of the appellants held a valid certificate in the requisite form as on the cut-off and that the Subsequent Notice was legally sustainable. The appeals were dismissed; no costs were awarded and pending applications were disposed of.

Case Details: Case No.: Civil Appeal No. 3957 of 2023 and connected matters (2025 INSC 463) Case Title: Sakshi Arha v. The Rajasthan High Court & Ors. Appearances: For the Petitioner(s): (Names not indicated in the reported judgment) For the Respondent(s): (Names not indicated in the reported judgment)