Neutral Citation No:=2025:PHHC:019349

CWP-20048-2024 & CWP-275-2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

283+118 CWP-20048-2024
Date of Decision: 10.02.2025

Deepak and others …Petitioners

Versus

State of Haryana and others …Respondents

And

CWP-275-2025

Jitender Kumar …Petitioner

Versus

State of Haryana and others …Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: - Mr. Rajat Mor, Advocate and

Ms. Surya Dhanda, Advocate for the petitioners
(in CWP-20048-2024)
Mr. Pardeep Sehrawat, Advocate and
Ms. Priyanka Chaudhary, Advocate for the petitioner
(in CWP-275-2025)
Ms. Shruti Jain Goyal, Sr. Deputy Advocate General, Haryana
Ms. Nikita Goel, Advocate for respondent No.3
(in CWP-20048-2024)
Ms. Prince Singh, Advocate for respondent Nos.3 and 4
(in CWP-275-2025)
Mr. Arvind Seth, Advocate for respondent No.5
(in CWP-275-2025)
***
JAGMOHAN BANSAL, J. (Oral)

1. As common issues are involved in both the captioned petitions,

with the consent of both sides, the same are hereby disposed of by this

common order. For the sake of brevity and convenience, facts are borrowed

from CWP-20048-2024.
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2. The petitioners through instant petition under Articles 226/227

of the Constitution of India are seeking setting aside of notice dated

12.08.2024 (Annexure P-12) whereby respondent has shortlisted candidates

from ex-servicemen category for written test to be held on 17.08.2024 and

18.08.2024.

3. The petitioners are dependents of Ex-servicemen. They are

eligible for reservation under ex-servicemen category. The respondent

conducted Common Eligibility Test (for short ‘CET’) on 05.11.2022 &

06.11.2022. The result was declared on 10.01.2023. The name of the

petitioners figured in the list of qualified candidates. It is apt to notice that

petitioners had applied under Reserved Category, thus, they were required to

secure minimum 40% marks. Apart from the petitioners, disabled ex-

servicemen and their dependents participated in the test. The respondent vide

advertisement dated 28.06.2024 invited applications for different posts. As

per advertisement, the respondent had to select four times of advertised posts

amongst CET qualified candidates. The respondent category wise selected

candidates four times of advertised posts. In case of candidates belonging to

ex-servicemen category, the priority was assigned to disabled ex-servicemen

and their family members at the stage of shortlisting of candidates amongst

ex-servicemen. The petitioners are dependents of ex-servicemen and

respondent as per its opinion selected disabled ex-servicemen and their

dependents despite their lower merit in the CET.

4. The list of shortlisted candidates was uploaded on the official

website of the respondent on 12.08.2024. Amended list was uploaded on

14.08.2024. The petitioners approached this Court on 14.08.2024 and

following interim order came to be passed: -

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“Learned counsel for the petitioners has submitted
that it is a case where the petitioners had applied in the
category of dependent of Ex-Servicemen and by virtue of
Clause 7.7 of the conditions at the time of shortlisting, no
prioritization can be made and he referred to Clause E & H
of the aforesaid conditions and has also referred to the
instructions issued by the Chief Secretary to Government of
Haryana which is Annexure P-6 dated 09.03.2022 and these
instructions have been incorporated in the advertisement
itself. He further submitted that the prioritization can only be
done at the time of final selection and not at the time of
shortlisting and in case the shortlisting is done at the initial
stages, then the zone of consideration is narrowed down and
the petitioners will be debarred even from participating in the
selection process. He further submitted that the written
examination will be conducted on 17th and 18th August,
2024.

Notice of motion.

Ms. Shruti Jain Goel, Senior DAG, Haryana accepts

notice on behalf of the respondent-State and prays for some
time to file reply.

Adjourned to 24.09.2024.

It is directed that the petitioners shall be permitted to

participate in the process provisionally. However, it is made
clear that the aforesaid interim order will not create any
equitable right in favour of the petitioners at the time of final
disposal of the present petition.

5. In view of aforesaid interim order, the petitioners participated in

the written test conducted pursuant to advertisement dated 28.06.2024. Final

result has been declared on 17.10.2024. CWP No.275-2025 was filed on

18.12.2024 i.e. after declaration of the result. The petitioner of this petition

did not participate in the written test.

6. Mr. Rajat Mor, learned counsel for the petitioners submits that

respondent with respect to reservation of ex-servicemen issued instructions

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dated 09.03.2022 (Annexure P-6) which are part of aforesaid advertisement.

The instructions clearly provide that priority list shall be prepared only at the

time of final selection list and not at the time of preliminary test, main test or

interview. Despite categoric condition of the advertisement, the respondent

prepared priority list at the time of shortlisting of candidates amongst CET

qualified. The priority has to be considered at the time of final merit list and

not at earlier stage.

7. Per contra, Ms. Shruti Jain, learned State counsel submits that

in case priority list is not made operational at the stage of shortlisting, there

are possibilities that primarily dependents of ex-serviceman are shortlisted as

there are chances of securing higher marks by them in CET than disabled ex-

serviceman. The respondent had shortlisted candidates category wise like

BC candidates have been shortlisted in their own category. There is further

bifurcation of BC candidates as BC-A and BC-B. The candidates who have

applied as BC-A, they are shortlisted in their own category. The object of

reservation would be defeated if priority list is not implemented at the stage

of shortlisting of CET qualified candidates.

In support of her contentions, she relies upon judgment of

Supreme Court in Dilwan Singh v. State of Haryana, 1996(8) SCC 369,

Division Bench of this Court in Rajesh Kumar Tahlan v. State of Haryana

and others, 2000 SCC OnLine P&H 1407.

8. I have heard the arguments of learned counsel for both sides

and perused the record with their able assistance.

9. The respondent by notification dated 05.05.2022 issued a

detailed procedure with respect to CET. The said notification clearly

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provides that for Group C & D posts, the aspirants would be required to

qualify CET. A candidate can apply for the post, if he has qualified CET. In

clause 7, a detailed procedure has been prescribed. The relevant extracts of

notification dated 05.05.2022 are reproduced as below: -

“No. 42/119/2019-5GS-I.— Whereas fair and

reasonable process of selection to posts subject to the norm of
equality of opportunity under Article 16(1) of the Constitution
of India is a constitutional requirement.

Whereas with a view to secure and sustain the

confidence of the public in general and to ensure credible and
trustworthy recruitments to Government posts, the
Government of Haryana proposes to introduce a Common
Eligibility Test to simplify and standardize the recruitment
process for Government employment to all direct recruitment
to Group C posts including the posts of Police service,
Prisons and Home Guards etc. but excluding the teaching
posts and all direct recruitment to Group D posts other than
the posts where minimum educational qualification is below
Matriculation in the Haryana Group D Employees
(Recruitment and Conditions of Service) Act, 2018 (5 of
2018). This test shall be held once every year or as decided
by the Government from time to time. In supersession of
Haryana Government, General Administration Department
(in General Services-I Branch), Notification No.
42/119/2019-5GS-I, dated the 10th September, 2021, the
State Government is pleased to declare the following policy
for recruitment through the Common Eligibility Test,
namely:-

1. SHORT TITLE AND APPLICABILITY.

(i) This policy may be called the Policy for Recruitment to

Group C and D posts through Common Eligibility
Test, 2022.

(ii) It shall apply to direct recruitment to Group C posts

including the posts of Police service, Prisons and
Home Guards etc. excluding the teaching posts and

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Group D posts other than those posts where minimum
educational qualification is below Matriculation in the
Haryana Group D Employees (Recruitment and
Conditions of Service) Act, 2018 (5 of 2018), in the
departments of State Government or any Board,
Corporation, statutory body or any other agency
owned and controlled by the State Government other
than any University established by or under a State
Act.

XXXX XXXX XXXX XXXX

5. REGISTRATION FOR CET :

(i) All applicants shall register on a designated portal i.e.

onetimeregn.haryana.gov.in by such last date to be
published by an advertisement issued by the
Commission, providing all particulars relating to the
identity of the applicant and uploading all the required
documents relating to any claim including claim for
reservation, educational qualifications, experience and
socio-economic criteria weightage and such other
details as the Government or the Commission may
seek, from time to time, for the purpose of recruitment.

(ii) The Parivar Pehchan Number enables the recruiting

agency to verify the applicant’s claims in respect of
residence, educational and other qualifications, caste
and experience certificate, family income/assets, status
of parents (if any parent is deceased the verification of
death certificate is involved), marital status of female
applicant, separation certificate of legally separated
women, disability certificate, sports gradation
certificate, denotified tribe/Vimukt Jati certificate,
certificate of ex-serviceman, dependent of ex-
servicemen certificate, dependent of freedom fighter,
FIR copy etc.

XXXX XXXX XXXX XXXX

7. CET EXAMINATION AND MARKS FOR GROUP C

POSTS:

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(i) An applicant who intends to apply for direct
recruitment to any applicable Group C post shall have
to appear in CET for Group C posts.

(ii) The Commission shall issue an advertisement for

Group C posts based on requisition received from the
Departments of State Government or any Board,
Corporation, statutory body or any other agency
owned and controlled by the State Government stating
its intent to conduct the CET.

(iii) An applicant who does not possess the CET minimum

educational qualification specified for CET before the
last date of registration for CET on the designated
portal but is due to appear for the examination to
attain the appropriate educational qualification during
the year in which the CET is conducted, shall also be
eligible to appear in the CET:

Provided that the name of such applicant shall

not be considered for skill and/or written examination
for the advertised posts until he acquires the minimum
essential educational qualification and/or experience,
if any, specified for that post by the last date for
attaining such minimum qualification specified in the
advertisement issued by the Commission for the
conduct of skill and/or written examination.

(iv) An applicant who has not attained the minimum age or

who has crossed the maximum age limit prescribed by
Government for entry into Government service for
Group C post as on the last date fixed in the
advertisement published by the Commission for
registration for CET shall be ineligible to appear in
CET. The relaxation in upper age limit to the
applicants of Scheduled Castes, Backward Classes and
other categories and of experience shall be admissible
as per rules or instructions issued by Government from
time to time.

(v) Every applicant, who appears in the CET, shall be

given marks based on his performance in the CET. An

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applicant of general category shall have to obtain
minimum 50% marks in CET (excluding the socio-
economic criteria weightage) to be eligible for skill
and/or written examination of second stage, however,
an applicant of reserved category (both vertical and
horizontal) shall receive concession @ 10%, for the
purpose of eligibility for CET, i.e. the minimum cut-off
for such candidates shall be 40% (excluding the socio-
economic criteria weightage). An applicant of any
category who obtains less than the minimum marks in
CET, shall have to re-appear in CET in the next or any
subsequent attempt.

(vi) The CET marks of applicants shall be declared on the

website of the Commission.

(vii) An applicant shall be eligible to reappear in CET

whenever conducted on a subsequent date and the
CET marks shall be revised if the applicant improves it
in the next or any subsequent attempts.

(viii) There shall be no restriction on the number of attempts

to appear in the written examination component of the
CET. If an applicant who has already qualified the
CET for Group C post will have the option to appear
again in CET to improve his CET marks in the next or
any subsequent occasion, if he so desires.

(ix) The CET marks obtained by an applicant shall be valid

for a period of three years from the date of declaration
of the result of CET. Provided that if an applicant
improves his CET marks in the next or any subsequent
attempt, then the fresh period of validity of three years
will commence from the date of declaration of result of
such attempt.

For clarification on validity of CET marks, see

Illustration No. 1 at Annexure-C of this policy.

(x) For calculation of CET score of an applicant, the

marks obtained in the CET shall be added to the score.
if any, on account of socio-economic criteria
weightage to arrive at the CET score of the applicant.
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The calculation methodology for arriving at the CET
score has been illustrated at Illustration No. 2 at
Annexure-C.

(xi) CET marks and the marks of socio-economic criteria

weightage, if any, shall be declared on the website of
the Commission in respect of the applicants who have
achieved the specified cut-off as per sub-clause (v)
above.”

10. From the perusal of above quoted clauses, it is evident that that

respondent-State with intent to shortlist candidates for Group-C & D posts

has notified CET. This is first stage of selection process. A candidate may

participate in CET as many times as he wants. The minimum educational

qualification has been prescribed for participating in CET. It has been

further provided that a candidate belonging to General Category would stand

qualified if he attains 50% marks and 40% in case he belongs to reserved

category (both vertical and horizontal).

11. The respondent issued advertisement No.1/2024 dated

12.02.2024 inviting applications for different posts. The said advertisement

was cancelled on account of orders of this Court. The respondent issued

public notice dated 28.06.2024 while issuing fresh advertisement inviting

applications for afore-stated posts. In the public notice, it was made clear

that applicants who had already applied pursuant to advertisement

No.1/2024 shall not be required to apply afresh. Public notice dated

28.06.2024 is reproduced as below: -

“PUBLIC NOTICE

In view of Hon’ble High Court judgment dated 31.05.2024

in LPA 1037/2023, the Commission has uploaded the revised result
of CET Group-C vide public notice dated 25.06.2024. Now, in
further compliance to Hon’ble High Court directions in said
judgment, the fresh advertisement is to be issued. Online portal for

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calling of fresh applications for Police Constable Posts from CET
Group-C qualified candidates after re-advertising these posts has
been made live. Candidates are advised to apply for these posts by
visiting the link given. https://adv062024.hryssc.com/ from
29.06.2024 to 08.07.2024 till 11.59 P.M. Thereafter link will be
disabled.

Important Note:

1. Since in the Police Advt. 01/2024, the applications had

been called from 20.02.2024 till 28.03.2024 and no further
process regarding the recruitment has happened, therefore,
the candidates who have applied for the Police constable
posts through Advt. No. 01/2024 need not apply again.
Their previous applications after removing the socio-
economic criteria related claims, shall be considered for
further process of recruitment.

However, if any candidate still wants to apply afresh,

he/she may do it by visiting to above mentioned link, the
latest details of such candidates shall be considered for the
recruitment process of Police Constable posts.

 If any candidate have any grievance related to online

application, the same may be raised online by visiting the
grievance management menu in the candidate login. No
request related to any grievance shall be dealt offline by
the Commission.

2. The other details related to the re-advertised posts have

been mentioned in the respective advertisements.
Candidates are advised to go through the advertisement
document properly and then apply for the posts.

Place: Panchkula -Sd/-

Dated: 28th June, 2024 Secretary,
Haryana Staff Selection Commission,
Panchkula”

12. The respondent has issued instructions dated 09.03.2022 with

respect to reservation of ex-servicemen and their children. Instructions dated

09.03.2022 are reproduced as below: -

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“No. 12/15/2019-4GS-II
Haryana Government
Chief Secretary Organization
General Administration Department
(General Services-II Branch)
Dated: Chandigarh, the 9 March, 2022
To
1. All the Administrative Secretaries to
Government Haryana
2. All the Heads of Departments of Haryana.
3. All the Managing Directors/Chief
Administrators of Boards/Corporations in
Haryana.
4. All the Divisional Commissioners of the State of
Haryana.
5. All the Deputy Commissioners of the State of
Haryana.
6. The Registrars of all the Universities in the
State of Haryana.
Subject: Benefit of reservation to Ex-servicemen and
their children.

Sir/Madam,
I am directed to invite your attention to Government
instructions bearing No. 12/15/2019-4GS-II, dated 14th July,
2021 on the subject cited above.
2. On receipt of representations from various
Associations of Ex-servicemen, Martyrs Family Welfare
Foundations and others, the above said instructions have
been reviewed by Government and after careful consideration
following decision has been taken to grant the benefit of
reservation to Ex-servicemen and their family members:-
(A) An ex-serviceman who himself/herself or his/her family
member has already secured employment in civil
service on regular basis in any Department/
Board/Corporation/University etc. under the State
Government with availing the benefit of reservation-
(i) he/she himself/herself shall not be entitled to
avail the benefit of reservation in civil service
for any subsequent appointment in any
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Department/ Board/ Corporation/ University
etc. under the State Government. However, the
benefit of age relaxation for securing another
employment in a higher pay scale or post shall
remain continue; and
(ii) his/her family member shall also not be entitled
to avail the benefit of reservation against the
posts reserved for ex-servicemen.
(B) (i) An ex-serviceman who himself/herself has
already secured employment in civil service on
regular basis in any Department/ Board/
Corporation/ University etc. under the State
Government without availing the benefit of
reservation in such case he/she himself/herself
or one of his/her family members (son, daughter
or spouse) will be entitled to avail the benefit of
reservation;
(ii) where an ex-serviceman who himself/herself is
eligible to avail the benefit of reservation under
these instructions but he/she does not want re-
employment in civil service in such case one of
his/her family members (son, daughter or
spouse) will be entitled to avail the benefit of
reservation.
(C) If an ex-serviceman applies for various vacancies
before joining any civil employment, he/she can avail
the benefit of reservation as ex-serviceman for any one
of the subsequent employments. However, to avail of
this benefit, an ex-serviceman as soon as he/she joins
any civil employment, should give self-declaration/
undertaking to the concerned employer about the date-
wise details of application for various vacancies for
which he/she had applied for before joining the initial
civil employment. Further, this benefit would be
admissible only in respect of vacancies which are
filled by direct recruitment and wherever reservation
is applicable to the ex-servicemen.

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(D) The family members of martyr military personnel shall
be entitled to exercise an option either-
(i) to avail the benefit of reservation upto two
family members; or
(ii) to avail the benefit of compassionate
appointment to one of the family members
under the Ex-gratia Policy namely
Compassionate Appointment to family member
of Martyr Armed Forces Personnel Policy
notified by Government from time to time.
(E) The priority list for recruiting agency for preparation
of final list of selection/appointment of ex-servicemen
or their family members against the posts reserved for
ex-servicemen shall be as under:-
(i) disabled ex-servicemen, the post(s) for which
they are physically fit;
(ii) failing (i), family member of disabled ex-
servicemen;
(iii) failing (ii), other ex-servicemen who are
eligible to get the benefit of reservation under
these instructions;
(iv) failing (iii), family member of other ex-
servicemen who are eligible to get the benefit of
reservation under these instructions.
(F) Disabled ex-serviceman means a person who has been
released from military service due to disability
attributable or aggravated due to military service. An
ex-serviceman shall not be treated disabled one who
has been released from military service not on account
of his/her disability but has been released in the
normal course after the completion of his/her term or
retired from military service voluntarily.
(G) Both the reservations are horizontal, therefore, a
disabled ex-serviceman who is selected against the
post reserved for ex-serviceman will not be counted
against the post reserved for PwD.
(H) In all circumstances the benefit of reservation against
the posts reserved for Ex-servicemen shall be

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admissible at the time of final selection list only and
not at the time of preliminary test, main test or
interview.
(I) An ex-serviceman who have been discharged from
military service by way of dismissal, misconduct or
inefficiency neither he/she himself/herself nor his/her
family members shall be entitled to avail the benefit of
reservation in civil service.
3. These instructions shall come into effect with
immediate effect. These instructions may please be brought to
the notice of all concerned.
Yours faithfully,
Sd/-
Under Secretary General Administration,
for Chief Secretary to Govt. Haryana”

13. Clauses 2(E) and (H) of the instructions are relevant for the

adjudication of the instant petitions.

14. As per Sub-Clause (E), there would be priority to disabled ex-

serviceman and their family members. Other ex-serviceman would be

considered if disabled ex-serviceman and their family members are not

available. Sub-Clause (H) makes it clear that benefit of reservation shall be

admissible at the time of final selection list and not at the time of

preliminary test, main test or interview. The State Government in the

instructions has used word “only” to make it clear that benefit would be

admissible at the stage of final selection list and not at the time of

preliminary test, main test or interview.

15. In the case in hand, the respondent conducted CET which was

preliminary test. It was followed by written test known as Stage-II or main

test. The respondent, at the stage of shortlisting of candidates from CET

qualified, made priority list operational. The respondent, at that stage,

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thought it appropriate to give priority to disabled ex-serviceman and their

family members. The petitioners have secured more marks than disabled ex-

serviceman or their family members in CET. They are higher in merit and as

per procedure, the respondent has to select four times of advertised posts

amongst the CET qualified. The respondent can shortlist candidates category

wise, however, priority cannot be given within the category unless and until

permitted by the advertisement or statutory provisions. The advertisement as

well as instructions dated 09.03.2022 categorically provide that priority

would be given to disabled ex-serviceman and their family members at the

time of final selection list. Priority cannot be given at the time of main test.

The respondent acting contrary to Government instructions and

advertisement has extended priority to disabled ex-servicemen at the stage of

main test. It is settled proposition of law that no party can travel beyond the

terms and conditions of advertisement. If it is permitted, there would be

chaos and uncertainty. Selection would be at the caprice and whims of the

recruitment agency. It would be contrary to rule of law which cannot be

permissible. The intention of the respondent in preparing priority list at the

stage of written test may be just and fair, however, intention cannot

substitute terms and conditions of the advertisement/instructions which are

categoric and quite clear.

CWP No.275 of 2025

This petition has been filed after declaration of result and the

petitioner did not participate in the written test, thus, his claim cannot be

entertained. His petition is liable to be dismissed.

16. In the wake of above discussions and findings, this Court is of

the considered opinion that CWP No.20048-2024 deserves to be allowed and

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accordingly allowed. The respondent shall consider priority of disabled ex-

servicemen and their family members at the final stage.

(JAGMOHAN BANSAL)
JUDGE
10.02.2025
Mohit Kumar
Whether speaking/reasoned Yes
Whether reportable Yes

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