Rajasthan High Court Upholds RPSC's Minimum Qualifying Marks for Physically Handicapped Candidates

Court rules that the prescription of 45% aggregate marks is legitimate, enhancing transparency and fairness in recruitment.

In a significant ruling, the Rajasthan High Court has upheld the Rajasthan Public Service Commission's (RPSC) decision to prescribe a minimum qualifying mark of 45% for candidates in the Physically Handicapped (PH) category in the recruitment process for the post of Veterinary Officer. The Division Bench, comprising Dr. Pushpendra Singh Bhati and Bipin Gupta JJ, dismissed the appeals challenging the fixation of these qualifying marks, affirming the legality and fairness of the recruitment process.

The appellants, led by Rameshwar Choudhary, had contested the imposition of this qualifying threshold, arguing that it was not mentioned in the original advertisement and amounted to a change in the recruitment rules after the process had commenced. They claimed this contravened principles of administrative fairness and the doctrine of legitimate expectation.

The court, however, found that the advertisement had clearly directed candidates to consult the RPSC's official website for additional instructions, where the qualifying marks were duly published. The Bench observed that this prescription was part of a policy decision by the Full Commission and served a legitimate administrative purpose, ensuring merit-based selection while minimizing subjectivity.

The judgment emphasized that Rule 20 of the Rajasthan Animal Husbandry Service Rules, 1963, empowers the Commission to determine the suitability of candidates, which includes setting objective criteria like minimum qualifying marks. The court noted that such measures promote transparency and fairness, and the prescription was neither arbitrary nor introduced mid-process.

The court also rejected the appellants' plea that the doctrine of legitimate expectation was violated, citing that no specific assurance was made by the RPSC against setting qualifying marks. Additionally, the Bench held that candidates who participated in the selection process without protest cannot challenge its validity after being unsuccessful.

This decision is expected to set a precedent for future recruitment processes, emphasizing the importance of clear communication and adherence to established procedures by public service commissions.

Bottom Line:

Prescription of minimum qualifying marks by Rajasthan Public Service Commission for Physically Handicapped category candidates upheld - It is not arbitrary or ultra vires as the decision was taken by the Full Commission and publicly available on the Commission's website.

Statutory provision(s): Rajasthan Animal Husbandry Service Rules, 1963 Rule 20

Rameshwar Choudhary v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2806081