Pardeep Singh vs The Haryana Staff Selection Commission

IN TH

102+214



Pardeep Sin



Haryana St


CORAM: HON

Present:- Mr. C
for th

Mr. S


NIDHI GUPTA, J .

CM-20621-CWP-2

This
HE HIGH COURT OF PUNJAB AN
D HARYANA AT CHANDIGARH

CWP
Date of De
P-811-2025 (O&M)
ecision:- 12.11.2026
ngh
… Petitioner
Versus
aff Selection Commission
... Respondent
N'BLE MS. JUSTICE NIDHI GUPTA
A
Chanderhas Yadav, Advocate
he petitioner.
Suneel Ranga, DAG, Haryana.


2026
application has been filed by
the applicant/petitioner under
r
Section 151 CPC
for placing on record the Replic
cation along with Annexure P-9
9
(Annexure P-1 to
Annexure P-8 already on record
d) and for exemption from filing
g
certified/true typ
ped copy of the Annexure P-9.
For t
the reasons mentioned in the ap
pplication, the same is allowed.
.
Replication along
with Annexure P-9 is ordered to
o be taken on record.
CM s
stands disposed of.
Main Case
Prese
ent Civil Writ Petition und
er Articles 226/227 of the
e
Constitution of In
ndia has been filed by the petitio
oner for issuance of a writ in the
e
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document

CWP-811-2025 (O

nature of Certio
O&M) - 2 -

orari for quashing the impug
gned reply dated 18.11.2024
4
(Annexure P-7), v
vide which the claim of the pet
itioner for appointment for the
e
post of Group-D
was illegally rejected on the gr
round of age criteria; or further
r
for issuance of a
writ in the nature of mandam
mus directing the respondent to
o
consider the nam
me of the petitioner for the
post of Group-D, post as per
r
notification issue
d in the year 2022 in continuatio
on of Advt. No.4/2019.
2. Brief
f facts of the case are in chronolo
ogical sequence are as under:-
21.04.2019: In p
pursuance to Advertisement N
No. 4/2019 issued by the sole
e
respondent-Harya
ana Staff Selection Commissio
on (hereinafter referred to as
s
‘HSSC’), petitione
er had applied for appointment t
to Group D post under Category
y
No. 1, vide applic
ation dated 21.04.2019 (Annexu
ure P-1).
Petitioner had du
uly paid the application fee on
the very same day as evident
t
from the receipt d
dated 21.04.2019 (Annexure P-2
2).
27.05.2019 : HSSC
C issued Cancellation Notice (An
nnexure P-3) and cancelled the
e
Advertisement n
o.4/2019 with a condition that
t candidates who have already
y
applied shall be
entitled for age relaxation an
d will also be exempted from
m
payment of fee.
30.5.2023 : There
eafter, in continuation of the A
Advertisement No. 4/2019, the
e
respondent/HSSC
C published fresh Advertisemen
t No. 1/2023 dated 30.05.2023
3
(Annexure P-9)
inviting applications for appo
ointment to Group C and D
D
categories.
nd
had applied for the 2 time
2023: Petitioner
e for post of Group D in the
e
Scheduled Caste c
category.
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document

CWP-811-2025 (O

22.10.2023 : Ther
O&M) - 3 -

reafter, petitioner had duly app
peared for the exam conducted
d
on 22.10.2023.
12.1.2024 : Petitio
oner had qualified the exam by
y obtaining 39.35 marks as the
e
cut-off for reserv
ved category was 38 marks as
evident from the result/Score
e
Card dated 12.01
.2024 (Annexure P-5).
14.11.2024: As p
petitioner was not selected,
petitioner had submitted a
a
grievance e-mail d
dated 14.11.2024 (Annexure P-6
6) before HSSC.
18.11.2024 : Peti
tioner had received impugne
d response dated 18.11.2024
4
(Annexure P-7) t
hereto from the HSSC informin
ng that petitioner is ‘ not found
d
eligible as per min
nimum qualifying age criteria .’
17.12.2024 : Petit
ioner served the legal notice (An
nnexure P-8) upon the HSSC.
6.1.2025 : Hence,
present Civil Writ Petition.
16.02.2026 : Resp
pondent no. 1 filed their reply i
in the present writ petition and
d
stated that no in
nstructions have been given in A
Advt. 01/2023 in regard to age
e
relaxation to any
y candidate in any category w
who had applied under Advt.
.
04/2019.
01.11.2026: Petit
tioner in rejoinder placed o
on record Advt. No. 1/2023
3
(Annexure P-9),
in the said advertisement it i
is stated that eligibility of the
e
candidate shall b
be considered on closing date o
f this advertisement as regards
s
his/her category
(SC, ESP, EWS, BCA, BCB, ESM
M etc.). A candidate who has
s
already applied b
ut has now become overage sha
all be considered eligible.
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document

CWP-811-2025 (O

3. Ld. c
O&M) - 4 -

counsel for the petitioner subm
mits that despite the aforesaid
d
facts, claim of the
e petitioner for appointment to
Group D post has been illegally
y
rejected vide the
e impugned order dated 18.1
1.2024 (Annexure P-7) on the
e
ground that peti
itioner is ‘not found eligible a
s per minimum qualifying age
e
criteria.’
4. It is
accordingly prayed that the pr
resent writ petition be allowed
d
and prays that
a writ in the nature Certiora
ri be issued for quashing the
e
impugned reply (
(Annexure P-7) dated 18.11.202
24 vide which the claim of the
e
petitioner for app
pointment for the post of Group
p-D was illegally rejected on the
e
ground of age cri
teria; and also a writ in the natu
ure of mandamus or direction be
e
issued to the resp
pondent to consider the name o
of the petitioner for the post of
f
Group-D, post as
per notification issued in the y
years of 2022 in continuation of
f
Advt. No.4/2019.
5. Per c
contra , ld. State counsel has opp
posed submissions of petitioner
r
and contended t
that as per the terms and con
nditions of the advertisement,
,
petitioner does n
not meet the age criteria. Mo
oreover, advertisement has not
t
been challenged
by the petitioner. As such, ther
re is no merit to the case of the
e
petitioner, and th
he present writ petition deserves
s to be dismissed.
6. No o
other argument is made on be
ehalf of the ld. counsel for the
e
parties. I have h
eard the ld. counsel and perus
sed the case file and record in

detail. I find merit
t in the submissions advanced o
on behalf of the petitioner.
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document

CWP-811-2025 (O

7. A pe
O&M) - 5 -

rusal of the Cancellation Notice
dated 27.05.2019 (Annexure P-
-
3), whereby the p
previous Advertisement No. 4/20
019 was cancelled, shows that it
t
is specifically stip
ulated therein as follows: -
“It is notified for the informati
ion of all concerned that in view
w
of Haryana Government Notif
fication Nos. 22/12/2019-IGSIII,

dated 25.02.2019, 22/10/201
13-IGSIII, dated 30.04.2019 and
d
22/106/2018-IGSIII, dated 01.
05. 2019, the above mentioned
d
posts have been cancelled.
Candidates who have applied
d
against these posts will have
to apply afresh for the Group-D
D
posts advertised shortly. Ho
owever, candidates who have
e
already applied shall be entit
tled for age relaxation and will
l
also be exempted from payme
ent of fee.".


(Emphasis added)
8. A ba
re reading of the above shows t
that it is categorically stipulated
d
in the above Ca
ancellation Notice that candid
dates who had applied in the
e
Advertisement No
o. 4/2019 shall be entitled for ag
ge relaxation.
9. Furth
her, a perusal of the present Ad
dvertisement No. 1/2023 dated
d
30.05.2023 (Ann
nexure P-9) also shows that:“
Candidates who have already
y
registered on th
he designated portal i.e. on
etimeregn.haryana.gov.in may
y
amend/update
their registration form/applic
cation form and upload all
l
mandatory docum
ments with the application form
m upto the last/closing date. In
n
case applicant do
o not edit/amend his/her registr
ration form then his/her already
y
submitted form w
will be deemed accepted for CET
T Group-D. After closing date no
o
further chance fo
or registration/updation/upload
d will be given. Eligibility of the
e
candidate shall b
be considered on closing date of
f this advertisement as regards
s
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document

CWP-811-2025 (O

his/her category (
O&M) - 6 -

(SC,ESP, EWS, BCA, BCB, ESM etc
c.). A candidate who has already
y
applied but has n
ow become overage shall be con
nsidered eligible.”
(Emphasis added)
10. From
m a bare reading of the abo
ove excerpts, it is clear that
t
candidates such
as the petitioner who had app
plied previously, but have now
w
become overage
e, shall be granted age relaxa
tion, and shall be considered

eligible. Howeve
r, despite the above said clea
ar stipulations, respondent has
s
rejected claim o
f the petitioner without any a
application of mind; and have
e
accordingly in it’s
written statement dated 16.02.
.2026 taken the stand that: -
“4. That the main prayer of th
he petitioner regarding his non-
-
selection for the post of Grou
up-D under Advt. No. 1/2023 on
n
the ground of alleged age re
laxation. The petitioner initially
y
applied for the post of Group-
-D under Advt. No. 4/2019, Cat.

No. 1 (SC-DESM category)
) and was issued roll No.

419610048. However, the sai
id advertisement was cancelled
d
by the HSSC vide notice dat
ted 27.05.2019. Thereafter, the
e
petitioner applied afresh und
der Advt. No. 1/2023 (SC-DESM
M
category). However, the pet
itioner was declared ineligible
e
due to being overage...........
Further, it is also relevant to
o
mention here that no instruc
ctions have been given in Advt.

01/2023 in regard to age rela
axation to any candidate in any
y
category who had applied und
der Advt. 04/2019.”
5. That it is further submitted
d here that no provisions exist in
n
Advt. No. 1/2023 in regard
to granting age relaxation to
o
candidates who had earlier a
applied under Advt. No. 4/2019.

The petitioner is therefore n
not entitled to claim such age-
-
relaxation. Therefore, the cla
aim of the petitioner for Age-
-
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document

CWP-811-2025 (O

O&M) - 7 -

relaxation cannot be allowed
d beyond the conditions of the
e
advertisement since an adver
rtisement is magna carta for a
a
recruitment process and no
action beyond the terms and
d
conditions of the same cou
uld have been taken by the
e
answering respondent as a rec
cruitment agency.”
11. The
aforesaid stand of the respo
ondents is based on a patent
t
misreading of the
e terms and conditions of the A
Advertisement No. 1 of 2023; as
s
also the Cancella
ation Notice dated 27.5.2019. T
Thus, the impugned rejection is
s
contrary to the ow
wn terms and conditions of the
respondent-HSSC.
12. It is
further undisputed that the p
petitioner is meritorious having
g
obtained more th
han the cut-off marks, as eviden
nt from scorecard (Annexure P-
-
5). Thus the impu
ugned order is arbitrary and illeg
gal.
13. Cons
sequentially, rejection of the ca
andidature of the petitioner on
n
ground of being o
overage is not maintainable. As
s such, the present writ petition
n
is allowed ; the i
mpugned reply dated 18.11.20
24 (Annexure P-7) is set aside;
;
and the respond
dents are directed to conside
er name of the petitioner for
r
appointment to
Group D post in accordance
e with law, in terms of the
e
Advertisement No
o. 4/2019 and/or Advertisement
t No. 1 of 2023.
14. Pend
ding application(s), if any, also st
ands disposed of.


12.11.2026
Neelam

( N

NIDHI GUPTA )
JUDGE


Wheth

Wheth
her speaking /reasoned Yes / N
her Reportable Yes / N
No
No
NEELAM KUMARI
2026.11.13 16:22
I attest to the accuracy and
integrity of this document