The Supreme Court has held that the relevant date for determining eligibility, including educational qualification, in a recruitment process is the date of submission of the online application form pursuant to the advertisement. The Court clarified that there is no provision for subsequent supplementation or re-submission of documents at a later stage, and candidates who acquire the requisite qualification after the last date of application are not eligible to participate in the selection process.
In a batch of civil appeals arising from Special Leave Petition (Civil) No. 32964 of 2025 and connected matters, the Supreme Court allowed the appeals filed by the Rajasthan Public Service Commission. The Court set aside the common judgment dated 12th August, 2025 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur, which had affirmed the judgment dated 15th January, 2025 passed by the learned Single Judge allowing the writ petitions filed by the private respondents.
The Rajasthan Public Service Commission issued an advertisement dated 7th March, 2024 inviting applications for 181 posts of Assistant Prosecution Officer. The advertisement clearly prescribed the essential educational qualification as a Degree in Law (Professional) or an integrated Law degree from a University established by law in India. The seventh clause under the heading “Very Important Points/Notes” stipulated that applications shall initially be provisionally admitted to the recruitment process, subject to verification, and that the candidature of any applicant is liable to be cancelled upon detection of ineligibility on account of age, educational qualification, or other prescribed conditions.
A conjoint reading of the advertisement and the Rajasthan Prosecution Subordinate Service Rules, 1978 makes it evident that the relevant date for determining eligibility, including educational qualification, is the date of submission of the application. The private respondents had not acquired their LL.B. degree as on the last date for submission of online applications, as they were yet to appear in the final year examination of their course. They subsequently acquired the requisite qualification on 22nd August, 2024.
The Commission issued press notes dated 19th November, 2024 and 29th November, 2024 clarifying that only candidates who had acquired the educational qualification till the last date of application would be considered eligible. Candidates who did not possess the qualification were advised to withdraw their applications. The respondents approached the High Court seeking a direction to permit them to participate in the selection process.
The learned Single Judge allowed the writ petitions and directed the Commission to issue admit cards to the writ petitioners and permit them to appear in the preliminary examination scheduled for 19th January, 2025. The Division Bench affirmed the said decision by its judgment dated 12th August, 2025.
The Supreme Court observed that the High Court erred in arriving at its conclusion. The Court held that the proviso to Rule 12 of the Rajasthan Prosecution Subordinate Service Rules, 1978, which earlier granted relaxation to candidates appearing in the final year examination, was deleted by a notification dated 10th October, 2002. The legislative intent underlying such deletion is clear that candidates who have not acquired the requisite educational qualification as on the relevant date are not eligible to apply for the post.
The Court emphasised that the requirement in the advertisement that a candidate must “possess” a Degree in Law necessarily excludes those candidates who are yet to acquire such qualification or who may acquire it at a future date. The maxim “aliquid prohibetur ex directo, prohibetur et per obliquum” squarely applies, meaning what cannot be done directly cannot be permitted to be done indirectly.
The Supreme Court held that acceptance of the contention that candidates who acquire the qualification at any stage prior to the interview should be treated as eligible would introduce uncertainty into the selection process and impose an unwarranted administrative burden upon the Commission in tracking subsequent acquisitions of qualifications. The press notes issued by the Commission were held to be in complete consonance with the Rules and the advertisement, and merely clarified the position that eligibility must be determined with reference to the date of submission of the application.
The Court concluded that the common judgment dated 12th August, 2025 passed by the High Court is hereby set aside. Consequently, the present appeals are allowed.
Case Title: Rajasthan Public Service Commission Versus Lavanshu Sankhla & Ors. (with connected matters)
Citation: 2026 INSC 444
Coram: Justices Vikram Nath and Sandeep Mehta
Click HERE for full Judgment.
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