Terms In Past Advertisement Does Not Create Vested Right For Candidates To Insist On Same In Future Public Recruitment: Rajasthan High Court

Rajasthan High Court held that inclusion of a particular condition in past year's advertisement for public recruitment did not create any vested right in favour of candidate to insist upon identical conditions in the future recruitments too. The bench of Justice Anand Sharma observed that every recruitment process was an independent exercise and the employer was competent to modify or clarify eligibility conditions in accordance with administrative requirements and statutory rules."The contention raised regarding the previous recruitment conducted in the year 2021 also deserves rejection. Merely because a particular stipulation may not have been incorporated in an earlier advertisement does not create any vested right in favour of candidates to insist upon identical conditions in future recruitments. Every recruitment process constitutes an independent exercise and the employer is competent to modify or clarify eligibility conditions in accordance with administrative requirements and statutory rules.The law is equally well settled that terms and conditions of advertisement constitute the governing framework of the recruitment process and candidates participating in such process are bound by the same. Courts cannot rewrite eligibility conditions or extend relaxation dehors the statutory rules and terms of advertisement.”For context, the Court was hearing challenge to a condition included in the recruitment advertisement for Assistant Professor by Rajasthan Public Service Commission (RPSC). The condition required candidates to possess requisite experience on or before the last date of submission of online application forms. It was argued by the petitioners that the condition was contrary to Rule 19 of the Rajasthan University of Health Sciences Employees (Recruitment and Promotion) Rules, 2020 (“2020 Rules”). 2022 Rules provided that candidates appearing in the final year examination had the liberty to acquire requisite qualification before examination or interview. Further it was submitted that the challenged condition was not included in an earlier recruitment process initiated in 2021, Hence, the condition was argued to be arbitrary and discriminatory. On the contrary, RPSC submitted that the recruitment was governed by Rajasthan Medical Services (Collegiate Branch) Rules, 1962 (“1962 Rules”) and not the 2020 Rules. Further, the State submitted that fixation of cut-off date for eligibility was a matter of policy within the domain of recruiting authority and the same could not be interfered with unless found arbitrary. After hearing the contentions, the Court highlighted that the recruitment was governed under the 1962 Rules. Rule 12 of the 1962 Rules provided that the candidate for direct recruitment to teaching posts shall possess such academic qualifications and experience as prescribed by RUHS from time to time. The Court further stated that 2020 Rules regulated the recruitment to the posts under RUHS itself, and could not override or supplant the statutory scheme governing recruitments under the 1962 Rules. “…petitioners have failed to demonstrate any statutory provision prohibiting the respondents from prescribing the last date of submission of applications as the relevant date for acquisition of experience.”“The contention raised regarding the previous recruitment conducted in the year 2021 also deserves rejection. Merely because a particular stipulation may not have been incorporated in an earlier advertisement does not create any vested right in favour of candidates to insist upon identical conditions in future recruitments. Every recruitment process constitutes an independent exercise and the employer is competent to modify or clarify eligibility conditions in accordance with administrative requirements and statutory rules.”Accordingly, the petition was dismissed. Title: Nitin Kumar Jhalani & Ors. v State of Rajasthan & Ors. Citation: 2026 LiveLaw (Raj) 232Click Here To Read/Download Order

Terms In Past Advertisement Does Not Create Vested Right For Candidates To Insist On Same In Future Public Recruitment: Rajasthan High Court

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Terms In Past Advertisement Does Not Create Vested Right For Candidates To Insist On Same In Future Public Recruitment: Rajasthan High Court

Nupur Agrawal

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