Ex-Servicemen Quota in Rajasthan Civil Services: Supreme Court’s Verdict on Eligibility Criteria

The Rajasthan Public Service Commission (RPSC) recently found itself in legal scrutiny regarding the eligibility criteria for ex-servicemen applying for state civil services. The Supreme Court, in its judgment, set aside the Rajasthan High Court’s order, clarifying that a candidate must fulfill the eligibility criteria on the last date of application submission.

Background of the Case

The case originated from an advertisement issued by RPSC on June 18, 2013, for recruitment in the Rajasthan State and Subordinate Services. The last date for application submission was July 31, 2013, and the preliminary examination was conducted on October 26, 2013. Some candidates, who were still serving in the Army at that time, later retired and sought to change their category from General to Ex-Servicemen under a Press Note issued on November 12, 2014, which allowed candidates to correct mistakes in their applications.

Arguments of the Petitioner (Rajasthan Public Service Commission)

• RPSC contended that the Press Note was meant only to correct application details and not to alter eligibility conditions.
• The eligibility date was fixed as per the advertisement, and it could not be modified later.
• The High Court’s interpretation that the Press Note extended the eligibility date was erroneous.

Arguments of the Respondents (Candidates Seeking Change to Ex-Servicemen Category)

• The respondents argued that the purpose of the Press Note was to accommodate individuals who had retired in the intervening period.
• They relied on a later amendment in 2019 that allowed candidates retiring within one year to apply under the Ex-Servicemen category.
• The candidates asserted that the intent of the government was to grant relief to retiring personnel, ensuring their participation in civil services.

Supreme Court’s Judgment

The Supreme Court, led by Justices L. Nageswara Rao and Hemant Gupta, ruled in favor of the RPSC, stating:

• “The Press Note was issued only to allow corrections in the submitted applications and not to modify eligibility criteria.”
• “A candidate who was not eligible on the last date of submission of the application cannot become eligible later under the guise of application correction.”
• The 2019 amendment was a policy change and could not be applied retrospectively.

The Court, however, allowed candidates who had already been appointed based on the High Court’s order to continue in their posts under Article 142 of the Constitution, preventing disruption in state services.

Final Verdict

The Supreme Court’s ruling reinforces that eligibility criteria cannot be changed retrospectively through corrigendums or government notifications. This judgment provides clarity for future recruitment processes, ensuring adherence to prescribed rules.

Petitioner Name: Rajasthan Public Service Commission, Ajmer.
Respondent Name: Shikun Ram Firoda & Others.
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Rajasthan.
Judgment Date: 25-10-2019.

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