VidhiSangh

Supreme Court of India · 08/04/2025

SAKSHI ARHA versus THE RAJASTHAN HIGH COURT & ORS.

[2025] 4 S.C.R. 714 · 2025 INSC 463

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Summary

A three-Judge Bench, hearing appeals referred after a split verdict, dismissed the claims of OBC-NCL and MBC-NCL candidates for the Rajasthan Civil Judge Examination 2021 who were excluded from the reserved-category interview list because their non-creamy-layer certificates had not been issued by the application deadline. Where the rules and advertisement fix no cut-off, eligibility is judged as on the last date for applications; the High Court's subsequent notice fixing 31.08.2021 and permitting older certificates with an affidavit mirrored the State circulars under which such certificates are valid for one year, extendable to three with an affidavit.

Issues

  1. Whether the Rajasthan High Court's Subsequent Notice dated 04.08.2022, requiring reserved-category certificates to have been issued on or before the last date for applications (31.08.2021) or within the preceding period with an affidavit, was arbitrary when the Advertisement dated 22.07.2021 was silent on a cut-off date.
  2. By reference to what date a candidate's eligibility for reservation must be assessed where neither the service rules nor the advertisement specify one.
  3. Whether the appellants' non-creamy-layer certificates, issued between 2012 and 2018 or after the application deadline in 2022, were valid for claiming reservation under the Rajasthan Government circulars on the validity of such certificates.
  4. Whether the decision in Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board applied to the appellants.

Provisions considered

Held

Result

Civil Appeals dismissed; the Rajasthan High Court's Division Bench orders dated 18.08.2022 and 06.09.2022 upheld; no costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 714.