Re-Evaluation Marks Can't Relate Back To Date Of Original Result For Ineligible Candidate To Claim Eligibility For Appointment: Rajasthan HC

The Rajasthan High Court rejected a petition filed by an candidate for appointment to the post of PT Instructor, who had cleared the qualifying exam only in "re-evaluation", the result of which was declared after the original result of the written exam for the post was conducted.

Justice Anoop Kumar Dhand relied upon precedents to hold that the result of re-evaluation could not relate back to the date of original declaration of result, and hence, one cannot claim themselves to be eligible for the advertised post since they were declared successful in the qualifying exam only after the submission of the application form.

"There is no contradiction in views of the Hon'ble Apex Court, on the issue involved in these writ petitions and the only view that holds the field is that the re-evaluation result would not relate back to the date of original declaration of result. Hence, one cannot claim himself/ herself as eligible for the advertised post, as he or she had been declared as “pass” after the last for submission of their application form". 

The petitioner had participated in the process of appointment for the Post in which, as per its terms and conditions, the candidate was required to have the concerned stipulated qualifications on or before the date of the written exam for the Post. The qualifications includes Senior Secondary or its equivalent examination from a recognized Board and a Certificate in Physical Education (C.P.Ed.) or Diploma in Physical Education (D.P.Ed.) or Bachelor in Physical Education (B.P.Ed.) recognized by the Government/ National Council for Teacher Education. 

The petitioner appeared for the qualification exam in which she was declared unsuccessful. She applied for reevaluation, but the result of such reevaluation came only after the written exam for the Post was conducted.

Hence, even though the petitioner was earlier offered the appointment, the same was cancelled after her joining on the grounds that she did not have the requisite qualification on the date of written examination for the Post.

She claimed that she was selected for appointment on the post of PTI, on the basis of merit secured by her and treating her as eligible for the said post, appointment was offered to her on December 15, 2022, but her appointment was cancelled by the respondents on January 16, 2025  after her joining, on a technical count that she was not in possession of the requisite educational qualification, on the date of written examination, i.e., September 25, 2022. 

It was the case of the petitioner that the result of the re-evaluation of the qualifying exam would be deemed to be the original result and shall be applicable from the date of declaration of original result which was before the date of written exam for the Post.

This argument was opposed by the respondents, arguing that by no stretch of imagination it could be believed that the petitioner was eligible to participate in the process on the date of examination for the Post. The result of re-evaluation could not relate back to the original result of the petitioner.

After hearing the contentions, the Court referred to the Coordinate bench decision of the Court in Lalit Kishore & Ors. v. State of Rajasthan & Ors. that had relied upon the Supreme Court case of Jenany J.R. Versus S. Rajeevan & Ors. to rule that relating back the results of re-evaluation to the date of original result would be “too dangerous a proposition of law and would unsettle the settled position that a person's candidature must be examined only on the cut-off date”. It was held that,

“the petitioners' candidature cannot be said to have acquired eligibility post facto upon declaration of result of revaluation. The result of revaluation cannot relate back to the date when the original result was declared…a situation is possible that revaluation result is declared of a candidate after a period of six months and in the meanwhile, entire selection process is over, therefore, can it be said that such revaluation result will make an ineligible candidate eligible and the entire selection process should be conducted individually for him? The answer is 'No'.”

In this background, the Court held that there was no merit in the petition, and accordingly, the same was rejected.

Title: Kiran Yadav v the State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 133

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