Cut-Off Date For Acquiring Qualification For The Post Advertised Is The Last Date Of Application : Supreme Court

The Supreme Court observed that the cut-off date for acquiring the qualification advertised is the last date of application.

In this case, the Himachal Pradesh State Electricity Board Ltd. published advertisement on 17.07.2018 inviting application for a post. As per the advertisement, the essential qualification is metric pass and the desirable qualification is ITI diploma in wireman/Electrical trade obtained through Regular Course (not through distance education) from the institutions recognized by the Government of Himachal Pradesh or the National Trade Certificate of one year Broad Based Basic Training. The marks to be assigned for essential qualification are 60 per cent whereas the marks for desirable qualification are 25 per cent. 

On the date of which, the candidate applied, he was not possessing the Technical Qualification of ITI Certificate or the equivalent qualification. He acquired the said qualification subsequently on 19.12.2018, whereas the last date of submission of application was 18.08.2018. On the date of interview, he acquired the qualification, and was awarded 25 marks. Subsequently, on a complaint, it was realized that on the last date of application, he did not possess the said qualification and thus the selection was cancelled. Allowing his writ petition challenging this cancellation, the Himachal Pradesh High Court held that since on the date of interview,  he was possessing requisite qualification, his termination was bad in law. Challenging this, the Board approached the Apex Court.

"This Court in the Ashok Kumar Sonkar Vs. Union of India reported in (2007) 4 SCC 54 and in the case of Rakesh Kumar Sharma Vs. State (NCT of Delhi) and Ors. reported in (2013) 11 SCC 58 has held that the cut-off date for acquiring the qualification advertised is the last date of application.", the bench noted.

The court therefore allowed the appeal and set aside the High Court order.

In Ashok Kumar Sonkar, the Supreme Court had observed thus : "The question as to what should be the cut-off date in absence of any date specified in this behalf either in the advertisement or in the reference is no longer res integra. It would be last date for filing application."

Case details

Himachal Pradesh State Electricity Board Ltd. vs Dharminder Singh | 2022 LiveLaw (SC) 999 | CA  8828 OF 2022 | 23 Nov 2022 | Justices BR Gavai and Vikram Nath

For Petitioner(s) Mr. Abhinav Mukerji, AOR Mrs. Bihu Sharma, Adv. Ms. Pratishtha Vij, Adv. Mr. Akshay C. Shrivastava, Adv.

For Respondent(s) Mr. Arup Banerjee, AOR

Headnotes

Public Employment - The cut-off date for acquiring the qualification advertised is the last date of application - Referred to Ashok Kumar Sonkar Vs. Union of India (2007) 4 SCC 54 and Rakesh Kumar Sharma Vs. State (NCT of Delhi) (2013) 11 SCC 58.

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