Candidate Cannot Be Faulted For Not Producing Eligibility Certificate Which Department Was Bound To Obtain: Rajasthan High Court

The Rajasthan High Court has held that where the onus to procure the Certificate of Eligibility regarding the nationality of a candidate rests upon the appointing government-department, no adverse action can be initiated against the candidate for not approaching the Ministry of Home Affairs for obtaining the same.

The bench of Justice Nupur Bhati was hearing a quashing petition filed by a government employee, against a Charge Sheet issued against her with the allegations that she had failed to submit a certificate of eligibility regarding her nationality.

For context, the petitioner was a native of Rajasthan, who got married to a person working in Kenya. Subsequently, she moved to Kenya, renounced her Indian citizenship and acquired the citizenship of Kenya.

Eventually, owing to marital discord, the petitioner shifted back to India, and applied for grant of Indian Citizenship, on which the decision was awaited. Parallel to this, she applied for the post of Assistance Engineer (Civil), and was appointed.

Based on Rule 8 of the Rajasthan Service of Engineers and Allied Post (Public Health Branch) Rules of 1968, a Kenyan citizen was eligible to apply for the post.

Subsequently, the respondent department issued a show-cause notice to the petitioner, and sought submission of the eligibility certificate regarding her nationality. Thereafter, a charge sheet was issued, initiating disciplinary proceedings against the petitioner. This was challenged before the Court.

After hearing the contentions, the Court highlighted the Office Memorandum dated May 10, 1978, issued by the Ministry of Home Affairs to the effect that the certificate of eligibility had to be obtained by the appointing department itself. The candidate was not required to approach the concerned department or the Ministry for issuance of the certificate.

Further, it was taken into account that there was no dispute regarding petitioner's educational qualifications or her substantive eligibility for the post.

The Court further opined, “…in the case of migrants from foreign countries who intend to settle permanently in India, their eligibility in respect of nationality, age and allied concessions is not rigidly governed by general rule, but by such executive instructions as the State Government may issue, which are broadly consistent, with necessary modifications, with the policy laid down by the Union of India.”

In this background, the Court opined that the respondent department failed to comply with the binding instructions issued by the Ministry, and had unjustifiably initiated disciplinary proceedings against the petitioner.

While terming the action of the respondents as “unjust and improper”, the Court allowed the petition. Directions were issued to the respondent to take necessary steps to issue certificate of eligibility within 4 weeks.

Title: Ms. Shubhra Panwar v the State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 183

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