Court Dismisses Plea Against Experience Requirement in Medical Services Recruitment Under 1962 Rules
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has upheld the eligibility criteria stipulated in the recruitment advertisement for Assistant Professors under the Rajasthan Medical Services (Collegiate Branch) Rules, 1962. The court dismissed a writ petition challenging the condition requiring candidates to possess requisite experience by the last date of application submission.
The petitioners, Nitin Kumar Jhalani and others, argued that the requirement was arbitrary and should be relaxed, as they would have completed the necessary experience by the time of the interview. They contended that the stipulation was contrary to the Rajasthan University of Health Sciences Employees (Recruitment and Promotion) Rules, 2020, which allow candidates appearing in the final year examination to acquire qualifications before the interview.
However, the court, presided by Justice Anand Sharma, found that the recruitment process was governed by the Rules of 1962, not the Rules of 2020. The court emphasized that the role of the Rajasthan University of Health Sciences under Rule 12 of the 1962 Rules is limited to prescribing qualifications and experience, and the recruitment itself is governed by these rules.
The court noted that while relaxation was granted for candidates in the final year of educational qualification, this did not extend to the acquisition of experience. Experience and educational qualifications were deemed distinct requirements, with experience being a factual necessity that must exist by the cut-off date.
The decision also highlighted the employer's authority to set eligibility conditions and fix cut-off dates, a policy area where courts typically do not interfere unless it is arbitrary, irrational, or contrary to statutory provisions. The petitioners were unable to demonstrate any statutory prohibition against the prescribed date for acquiring experience.
Moreover, the court rejected the petitioners' reliance on the absence of such a condition in a previous recruitment process, stating that each recruitment exercise is independent and subject to administrative and statutory requirements. The ruling emphasized that terms and conditions of an advertisement bind the candidates participating in the recruitment process, and courts cannot alter eligibility criteria post hoc.
In conclusion, the court found no merit in the petition and dismissed it, reinforcing the binding nature of recruitment stipulations as laid out in the advertisement under the established rules.
Bottom line:-
Recruitment eligibility criteria - Requirement of requisite experience by the cut-off date for submission of applications cannot be relaxed unless found arbitrary, irrational, or contrary to statutory provisions.
Statutory provision(s): Rajasthan Medical Services (Collegiate Branch) Rules, 1962, Rajasthan University of Health Sciences Employees (Recruitment and Promotion) Rules, 2020
Nitin Kumar Jhalani v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2920616
