Sumitra Tanwer vs State Of Rajasthan

Arun Monga, J

Grievance of the petitioner is against the final merit list dated 06.12.2024 (Annex.8), wherein the name of the petitioner was not included under the OBC-Non-Creamy Layer Divorcee Woman (Annulled Marriage) category for the post of Nursing Officer, pursuant to the advertisement dated 05.05.2023.

Relevant facts, shorn of unnecessary details are that the petitioner, being eligible and fully qualified, applied for the post of Nursing Officer under the OBC-Non-Creamy Layer Divorcee Woman (Annulled Marriage) category as per an advertisement dated 05.05.2023. Cut off date to determine eligibility was/is 04.06.2023. She appeared for document verification on 11.09.2023 but was unable to submit the divorce decree at that time, as it was granted later on 16.09.2023. After obtaining the certified copy, she promptly submitted it to the concerned department, requesting consideration of her candidature for the post. Despite meeting the eligibility criteria and fulfilling the requirements, her name was not included in the provisional merit list. Although the petitioner submitted a detailed representation on 10.12.2024, the respondents have failed to take any action. Aggrieved by this inaction, the petitioner has filed the present petition seeking inclusion in the final merit list.

In the aforesaid backdrop, I have heard learned counsel for the parties and perused the case file.

I am unable to persuade myself with the argument of counsel for the petitioner that, given the intent of social upliftment of women who are divorced, even if the decree is obtained after the cut-off date, the same should be considered by the recruitment agency. Accepting such an argument is fraught with the danger of violating the conditions, including the cut-off dates prescribed in the advertisement. It would result in the arbitrariness of accepting speculative applications of candidates who are otherwise not eligible.

Trite it may sound, but in matters of recruitment, the eligibility conditions have to be strictly followed, and the same cannot be kept under suspended animation by not implementing the cut-off date, prior to which the eligibility must be acquired for seeking special benefits.

Moreover, accepting the application of a candidate who has concededly become eligible for a particular category after the cut-off date would open up a Pandora's box. It would also result in hostile discrimination against those candidates who may have also acquired the said eligibility after the cut-off date but chose not to apply for the post in question, adhering to the cut-off date as per the advertisement.

In the premise, I find no ground to interfere. The writ petition is, thus, dismissed.

All pending application(s), if any, shall also stand disposed of.