Case Note & Summary
The Supreme Court allowed appeals by the Appellants (RPSC) against a Division Bench judgment of the Rajasthan High Court that had directed RPSC to permit candidates who acquired their LL.B. degree after the application deadline to appear in the preliminary examination for Assistant Prosecution Officer posts. The dispute arose from an advertisement dated 7 March 2024 inviting applications for 181 posts, requiring a Degree in Law (Professional) or integrated Law course. The respondents, recent law graduates, submitted applications before acquiring their degrees, which they obtained on 22 August 2024. RPSC issued press notes on 19 and 29 November 2024 clarifying that candidates without the qualification by the last date of application were ineligible, citing Rule 12 of the Rajasthan Prosecution Subordinate Service Rules, 1978, whose proviso allowing final-year candidates had been deleted in 2002. The respondents challenged this, and the Single Judge and Division Bench of the High Court ruled in their favor, holding that the press notes altered eligibility mid-process and that candidates who acquired the degree before the examination should be allowed. The Supreme Court reversed, holding that the relevant date for eligibility is the date of submission of the application, not the examination date. The Court noted that the deletion of the proviso to Rule 12 evidenced legislative intent to exclude candidates without the degree at the time of application. The press notes merely clarified the existing rules and did not change the advertisement. Applying the maxim 'aliquid prohibetur ex directo, prohibetur et per obliquum', the Court held that the requirement to 'possess' a degree excludes those who may acquire it later. The Court set aside the High Court's judgment and dismissed the writ petitions, restoring RPSC's decision to reject the respondents' candidature.
Headnote
A) Service Law - Recruitment - Eligibility Cut-off Date - Essential Educational Qualification - Rajasthan Prosecution Subordinate Service Rules, 1978, Rule 12 - The issue was whether candidates who did not possess an LL.B. degree on the last date of application but acquired it before the preliminary examination were eligible. The Supreme Court held that the relevant date for determining eligibility is the date of submission of the application, as the proviso to Rule 12 allowing final-year candidates to apply had been deleted by notification dated 10.10.2002. The Court set aside the High Court's judgment and dismissed the writ petitions, holding that the press notes did not alter the advertisement but clarified the existing rules. (Paras 3, 18-22) B) Interpretation of Statutes - Deletion of Proviso - Legislative Intent - Rajasthan Prosecution Subordinate Service Rules, 1978, Rule 12 - The deletion of the proviso to Rule 12 by notification dated 10.10.2002 indicated a clear legislative intent that candidates who have not acquired the requisite educational qualification as on the relevant date are not eligible to apply. The Court applied the maxim 'aliquid prohibetur ex directo, prohibetur et per obliquum' (what cannot be done directly cannot be done indirectly) to hold that the requirement to 'possess' a degree excludes those who may acquire it later. (Paras 20-21) C) Administrative Law - Mid-process Clarification - Validity of Press Notes - The press notes dated 19.11.2024 and 29.11.2024 did not alter the eligibility conditions mid-process but merely reiterated the existing rules. The Court rejected the High Court's reasoning that the press notes caused prejudice, as the advertisement and rules consistently required possession of the degree by the last date of application. (Paras 9-10, 16-18)
Issue of Consideration
Whether the relevant date for acquiring the minimum essential qualification is the date of submission of the application pursuant to the advertisement, or any time prior to the commencement of the interview process.
Final Decision
The Supreme Court allowed the appeals, set aside the judgment of the Division Bench of the Rajasthan High Court dated 12.08.2025 and the Single Judge's judgment dated 15.01.2025, and dismissed the writ petitions filed by the respondents. The Court held that the relevant date for determining eligibility is the date of submission of the application, and the deletion of the proviso to Rule 12 precludes candidates without the degree at that time.
Law Points
- Eligibility cut-off date for educational qualification is the last date of application
- not the date of examination or interview
- Deletion of proviso to Rule 12 of Rajasthan Prosecution Subordinate Service Rules
- 1978 removes exemption for final-year students
- Principle that what cannot be done directly cannot be done indirectly applies to eligibility requirements
- Press notes clarifying eligibility do not alter the advertisement but merely reiterate existing rules
