JUDGMENT : 1. The factual matrix of the case is that the Rajasthan Public Service Commission (for short the ‘RPSC’) issued an advertisement dated 28.06.2023 for inviting applications to participate in the recruitment process through Rajasthan State and Subordinate Services Combined Competitive Examination-2023 in view of the provisions of the Rajasthan State & Subordinate Services Combined Competitive Examination through Direct Recruitment) Rules 1999 (for short ‘the Rules of 1999’). The petitioner submitted her application Form No.202327640059 mentioning her category as ‘General Woman’ with marital status as ‘married’. The petitioner appeared in the Pre-Examination with Roll No.1704055 and was declared as not qualified to appear in the Main Examination as she secured 85.52 marks which is less than the last cut off marks i.e. 97.01% as evident from the result dated 20.10.2023. It is also a fact on record that the petitioner filled up the application form under the General Woman Category stating her marital status as ‘married’ and a divorce decree was also passed dissolving her marriage on 20.10.2023. 2. Mr. Laxmikant Sharma, counsel appearing for the petitioner submits that as on the date of declaration of result of the Pre Examination i.e. on 20.10.2023 a decree of divorce was passed for dissolution of marriage of the petitioner. Therefore, the candidature of the petitioner should be considered under the divorcee (DV) category. The non-consideration of the petitioner under the divorcee category even after a decree passed by the Competent Court, is illegal, arbitrary and unjustified. 3. Considered the submissions made by the counsel appearing for the petitioner and also perused the material made available on record with the petition. 4. The advertisement inviting applications under the Rules of 1999 for participation in the recruitment process through Combined Competitive Examination-2023 was issued by the RPSC on 28.06.2023 and the last date for submission of the application form was given as 31.7.2023 and the petitioner submitted her application form mentioning her marital status as ‘married’. 5. In the advertisement, the terms and conditions regarding consideration of eligibility of a candidate has also been mentioned. 6. 5. In the advertisement, the terms and conditions regarding consideration of eligibility of a candidate has also been mentioned. 6. It is a well settled law that the eligibility of a candidate for recruitment to a post under a particular category is considered on the basis of requirements which a candidate should possess on the last date of submission of the application form if otherwise no other date is given under the advertisement or in the relevant rules. 7. All kinds of terms and conditions have been prescribed in the advertisement dated 28.06.2023 in regard to the eligibility of a candidate as well as the requirements for seeking recruitment against the vacancies reserved for a particular category. In Clause 6 of the ‘important point/note’ given on internal page 4 of the advertisement dated 28.06.2023 it has been specifically mentioned that after last date of submitting the Online application form no request for any amendment in the category of a candidate as mentioned in the application form, shall be allowed. In Clause 7 under the heading of ‘verification of certificates’ on internal page 5 of the advertisement it has been categorically stated that one should possess all the requisite documents including the decree of divorce on the last date of submission of the application form/ last date of allowing the amendments for consideration of her candidature against the vacancies reserved for divorcee category. 8. The Hon’ble Apex Court in the case of J&K Public Service Commission vs. Israr Ahmad, reported in (2005) 12 SCC 498 , in para 5 has observed as under:- “We have considered the rival contentions advanced by both the parties. The contention of the first Respondent cannot be accepted as he has not applied for the selection as a candidate entitled to get reservation. He did not produce any certificate along with his application. The fact that he has not availed the benefit for the preliminary examination itself is sufficient to treat him as a candidate not entitled to get reservation. He passed the preliminary examination as a general candidate and at the subsequent stage of the main examination he cannot avail the reservation on the ground that he was successful in getting the required certificate only at a later stage. He passed the preliminary examination as a general candidate and at the subsequent stage of the main examination he cannot avail the reservation on the ground that he was successful in getting the required certificate only at a later stage. The nature and status of the candidate who was applying for the selection could only be treated alike and once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make fresh claim. The Division Bench was not correct in holding that as a candidate he had also had the qualification and the production of the certificate at a later stage would make him entitled to seek reservation. Therefore, we set aside the judgment of the Division Bench and allow the appeal. No costs.” 9. The Hon’ble Apex Court in the case of Ankita Thakur & Ors. Vs. The H.P. Staff Selection Commission & Ors., decided on November 9, 2023 (Civil Appeal No.7602 of 2023 with four other connected matters) apart from other issues framed an issue No.(i) ‘Whether relaxation in the essential eligibility qualifications could be made post the last date fixed for receipt of application from the candidates?’. The Hon’ble Apex Court decided the aforesaid issue No.(i) as under:- “Issue No.(i) 24. It is well settled that eligibility criteria / conditions, unless provided otherwise in the extant rules or the advertisement, must be fulfilled by the candidate by the last date for receipt of applications specified in the advertisement [See: Rakesh Kumar Sharma (supra)]. 25. In Bedanga Talukdar (supra), this Court observed: “29. …………… In our opinion, it is too well settled to need any further reiteration that all appointments to public office have to be made in conformity with Article 14 of the Constitution of India. In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate. Therefore, the selection process has to be conducted strictly in accordance with the stipulated selection procedure. Consequently, when a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved. Such a power could be reserved in the relevant statutory rules. Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement. There cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved. Such a power could be reserved in the relevant statutory rules. Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement. In the absence of such power in the rules, it could still be provided in the advertisement. However, the power of relaxation, if exercised, has to be given due publicity. This would be necessary to ensure that those candidates who become eligible due to the relaxation, are afforded an equal opportunity to apply and compete. Relaxation of any condition in advertisement without due publication would be contrary to the mandate of equality contained in Articles 14 and 16 of the Constitution of India. 30. A perusal of the advertisement in this case will clearly show that there was no power of relaxation. In our opinion, the High Court committed an error in directing that the condition with regard to the submission of the disability certificate either along with the application form or before appearing in the preliminary examination could be relaxed in the case of Respondent 1. Such a course would not be permissible as it would violate the mandate of Articles 14 and 16 of the Constitution of India. 32. ………. It is settled law that there can be no relaxation in the terms and conditions contained in the advertisement unless the power of relaxation is duly reserved in the relevant rules and/or in the advertisement. Even if there is a power of relaxation in the rules, the same would still have to be specifically indicated in the advertisement. …………..” 26. The above decision has been followed in Sanjay K. Dixit (supra). Thus, the law is settled that if the extant Rules provide for the power to relax the eligibility criteria, the same could be exercised only if such power is reserved in the advertisement. And when this power is exercised, there must be wide publicity of its exercise so that persons who are likely to benefit by exercise of such power may get opportunity to apply and compete. 27. In the instant case, it is not shown that the advertisement reserved the power to relax the essential eligibility qualifications specified in the advertisement at any later stage. 27. In the instant case, it is not shown that the advertisement reserved the power to relax the essential eligibility qualifications specified in the advertisement at any later stage. Rather, the advertisement is specific that eligibility criteria must be fulfilled by an aspiring candidate by the last date fixed for receipt of the application. It is not demonstrated that after the decision to relax the eligibility criteria was taken, the same was widely publicised, and the last date to apply under the advertisement was extended to enable persons benefited by such relaxation to apply and compete. In these circumstances, in our view, the power to relax the eligibility criteria, even if it existed, was not exercised in consonance with the settled legal principles and it violated the constitutional mandate enshrined in Articles 14 and 16 of the Constitution. Issue No.(i) is decided in the terms above.” 10. There is a specific condition mentioned in the advertisement itself that a candidate claiming her consideration for recruitment under the DV (divorcee) category is required to have a divorce decree from the Competent Court on the last date of submission of the application form. In the instant case the last date for submission of the application form under the advertisement dated 28.06.2023 is 31.07.2023 and the petitioner got the decree of divorce on 20.10.2023 i.e. much after the last date of submitting the application form. 11. In view of the proposition in the above judgments of the Hon’ble Apex Court, no relaxation is permissible for diverting from the terms and conditions of the advertisement. 12. In view of the aforesaid discussion, this Court finds no merit in the writ petition and accordingly the same is dismissed. 13. Since the main petition has been dismissed, the stay application and pending application/s, if any, also stand dismissed.