NIRMALJIT KAUR,J. - (1.) The petitioner herein is praying for grant of appointment on the post of Lower Division Clerk in pursuance to the L.D.C. competitive Examination 2013.
(2.) The candidature of the petitioner has been cancelled being ineligible on account of the fact that he did not possess the computer qualification on the date of the issuance of the advertisement dated 14.02.2013.
(3.) It is a well settled proposition of law that a candidate must possess the requisite educational qualification by the cut off date. The Apex Court in the case of Ashok Kumar Sonkar v. Union of India and Ors., reported in (2007)4 SCC 54 , went to the extent of holding that in the absence of any cut off date specified in advertisement or in rules, last date for filing of application shall be considered as the cut off date while replying on the judgment rendered in the case of Shankar K. Mandal and Ors. v. State of Bihar and Ors., reported in (2003)3 SCR 796 wherein the following principles were culled out:- "(1) The cut-off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules. (2) If there is no cut-off date appointed by the rules then such date shall be as appointed for the purpose in the advertisement calling for applications. (3) If there is no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received by the competent authority.";