B.S.CHAUHAN, J. - (1.) THE petitioner is aggrieved by the order dated 14.1.1994 contained in Annexure. Rule 2 passed by the respondent No. 2 declaring him ineligible for the post of Sainik General Duty. 2. The petitioner claims that he belongs to Gurjar community, for which some relaxation has been made for the post of Sainik General Duty. An applicant belonging to the said community, who has passed VIII Class, can apply for the said post if he is above sixteen years and below twenty years of age. The Date of Birth of the petitioner is 1.7.1973. Thus, according to the requirements contained in Annexure P. 6, he was eligible to apply for the said post upto 30.6.1993. The petitioner applied much prior to the said date and he was called for enrollment on 6.12.1992. However on that date he was told that the Transfer Certificate Submitted by the petitioner was not complete as it did not bear the signature of the District Education Officer and he was directed to complete the said formality and appear again on 7.6.1993. The petitioner got the transfer certificate signed by the said officer and appeared before the enrolling officer on 7.6.1993 but he was informed that the certificate issued by the Tehsilder did not bear the date of its issuance and it was incomplete and he was asked to get it completed. Petitioner got that formality completed and was allowed to appear in the physical test, which continued for two days, i.e., on 16th and 17th June, 1993, and he was found fit in physical proficiency. After the said test the petitioner was sent for medical examination and was not approved. Thus, his case was referred to the Medical Specialist in the Military Hospital, Jodhpur, where he was examined on 6.1.1994 and was declared medically lit. On the basis of medical fitness when the petitioner went to appear in the written test, he was told by a letter dated 14.1.1994 that he was not eligible for the said post being over -aged. The test was to be conducted on 23.1.1994 and, thus, the petitioner approached this Court on 17.1.1994 and obtained the interim direction that he would be allowed to appear in the said written examination. He appeared in the said examination and qualified the same. Thus, the only issue is whether under these circumstances the petitioner is eligible for the said post?
(2.) IT is settled law that a person must be eligible and must fulfill all the requirements on the last date of submission, of the application form and if a person possesses the requisite eligibility qualification subsequent to the last date for submission or the application form, he shall be considered ineligible as the earlier theory of result relating back to the date of examination has consistently been dis -approved by the Hon'ble Supreme Court. (Vide: Uttar Pradesh Public Service Commission v. Alpana : [1994]1SCR131 ; Harpal Kaur Chahal v. Director. Industries. Punjab, 1995 Suppl. (4) SCC 706; Ashok Kumar Sharma v. Chandra Shekhar. : (1997)ILLJ1160SC ; and State of Rajasthan v. Hitendra Kumar Bhatt : (1997)6SCC574 ). However, in the instant case, this law is not applicable because there is no advertisement inviting applications for the said post. Mr. Vineet Mathur has pointed out that a Circular contained in Annexure Rule 6 was issued in the year 1986 which specifically provided that in case the relaxation of qualification etc. was granted, the applicant should not be more than twenty years of age on the date of enrollment. Chapter III of the Army Act, 1950, delas with appointment and enrollment. In the instant case, the term enrollment is involved. Relevant provisions of the Act reads as under: 13. Procedure before enrolling officer -Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrollment, and shall after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question. 14. Mode of enrollment -If, after complying with the provisions of Section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrollment paper, and such person shall thereupon be deemed to be enrolled. 15. Validity of enrollment -Every person who has the space of three months been in receipt of pay as a person enrolled under this Act and been borne on the rolls of any corps or department shall be deemed have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrollment or on any other ground whatsoever; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrollment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceeding, act or thing taken on done prior to his discharge.
(3.) ARMY Rules, 1954 also throw sufficient light on this issue.;