Honble CHAUHAN, J.– The instant writ petition has been filed for issuing direction to the respondents to consider the candidature of the petitioner for appointment on the post of Teacher Grade III in pursuance of the Advertisement No. 1/98. (2). The facts and circumstances given rise to this case are that respondents had issued advertisement for the posts of Teacher Grade III and the last date for submitting the applications had been on 26-6-98. Petitioner applied for the said post and submitted the application but his candidature was not considered on the ground that he did not possess the requisite qualification on the last date of submitting the applications, Hence this petition. (3). The facts are not in dispute. The only legal issue which requires consideration by this Court, is whether a person, who acquires the requisit eligibility after last date of submission of the application forms but prior to the date if interview can claim himself to be eligible for the post ? The issue is no more res integra. It has been considered by the Honble Apex Court time and again as earlier some High Courts had taken the view that declaration of the result of an examination relates back to the date of examination and, thus, a candidate whose result is declared subsequent to the filling-up the application form, can also be considered eligible. (4). In U.P. Public Service Commission vs. Alpana (1), the Honble Supreme Court has held that if the result of the examination is not declared till the last date of submission of the application forms, the candidate cannot claim himself to be eligible for the post. In Harpal Kaur Chahal vs. Director, Punjab Industries (2), the Honble Supreme Court considered the issue as the petitioner therein had appeared in the examination prior to the last date of submission of the application forms but her result was declared subsequent to the said date but prior to the date fixed for interview. The Honble Apex Court found her ineligible for the post observing as under:- ``It is to be seen that when the recruitment is sought to be made and the last date has been fixed for receipt of the applications, such of those candidates who passed-off all the qualifications as on that date alone, are eligible to apply for and to be considered for recruitment according to law. (5).
(5). In Ashok Kumar Sharma vs. Chandra Shekhar and others (3), the Honble Supreme Court has held as under :- ``The proposition that where applications are called-for prescribing a particular date as the last date for filing the applications, the eligibility of the candidates shall have to be adjudged with reference to that date and that date alone, is a well established one. A person who acquires the prescribed qualification subsequent to such prescribed date, cannot be considered at all. An advertisement or notification issued/published calling for applications, constitutes a representation to the public and the authority issuing it is bound by such representation. It cannot act contrary to it. One reason behind this proposition is that if it were known that persons who obtained the qualifications after the prescribed date but before the date of interview, could be allowed to appear for interview, other similarly placed persons could also have applied. Just because some of the persons had applied notwithstanding that they had not acquired the prescribed qualification by the prescribed date, they could not have been treated on a preferential basis. Their applications ought to have been rejected at the inception itself. (6). The Honble Supreme Court disapproved the reasoning given in it earlier judgment in Rekha Chaturvedi vs. University of Rajasthan (4), holding that while allowing such candidate, the Recruiting Authority may be able to get the best talents available and, therefore, such course was in furtherance of public interest, by holding it an impermissible justification and the Court found it a clear error of law and an error apparent on the face of record. Same view has been reiterated by the Honble Supreme Court in State of Rajasthan vs. Hitendra Kumar Bhatt (5), wherein the Court observed that the cut-off date cannot be ignored in an individual case and any relaxation, on sympathetic basis, may cause injustice to the others and the qualification acquired after the last date of submitting the application forms shall not provide for eligibility. Similar view has been reiterated by the Honble Supreme Court in Utkal University vs. Dr. Nursinghe Charan Saranji and others (6). (7). Thus, in view of the above, the only possible conclusion which may be raised, is that if the result of a candidate is not declared till last date of submitting the application forms, he cannot be held eligible for the post. (8).
Nursinghe Charan Saranji and others (6). (7). Thus, in view of the above, the only possible conclusion which may be raised, is that if the result of a candidate is not declared till last date of submitting the application forms, he cannot be held eligible for the post. (8). The petition is devoid of any merit and hence accordingly dismissed.