Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court

The Rajasthan High Court (“the Court”) has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan (“the Department”) that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the advertisement for the post. The Court termed the order as wholly illegal, arbitrary and unjustified. It said:

“The ground of rejection of the candidature of the petitioner seems to be wholly illegal and arbitrary for the reason that nowhere the terms and conditions of the advertisement speaks about the qualification and professional training from any particular Board.”

A bench of Justice Ganesh Ram Meena was hearing a petition filed by an individual whose candidature was rejected for the post of health worker. It was the case of the petitioner that as per the advertisement for the post, the educational and professional qualification requirements for the post did not mention any board. The petitioner in the form mentioned that she had passed the Secondary School Examination from C.B.S.E and the ANM course from Rajasthan Nursing Council. However, her candidature was rejected by the Department on the grounds of passing from another board.

It was observed by the Court that based on the documentary evidence, the petitioner was very much eligible for the post based on the conditions mentioned in the advertisement.

The Court opined that the rejection criteria were contrary to the terms and conditions of the advertisement since the advertisement nowhere mentioned the requirement of qualification and professional training from any particular board.

In this background, the Court quashed the order of the Department that had rejected the candidature of the petitioner and declared the petitioner to be eligible for the post.

The Department was directed to consider the candidature of the petitioner for the post and the petitioner was held to be entitled to notional benefits in the intervening period.

Title: Sumitra Kumari v The Department of Medical, Health and Family Welfare, Government of Rajasthan

Citation: 2024 LiveLaw (Raj) 140

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