Punjab-Haryana High Court
Naveen And Ors vs State Of Haryana And Ors on 5 February, 2025
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-17852-2024 (O&M)
Date of Decision: 05.02.2025
Naveen and others ...Petitioners
Versus
State of Haryana and others ...Respondents
With
Sr. Case No. Petitioner(s) Respondent(s)
No.
2. CWP-16829-2024 Gurdeep and others State of Haryana and others
(O&M)
3. CWP-16527-2024 Virender State of Haryana and another
4. CWP-16978-2024 Mahesh Kumar State of Haryana and others
5. CWP-17190-2024 Narender and others State of Haryana and others
6. CWP-17500-2024 Sanju State of Haryana and others
7. CWP-17550-2024 Irfan Pathan State of Haryana and others
8. CWP-17575-2024 Manpreet and others State of Haryana and others
9. CWP-17581-2024 Harender Singh State of Haryana and others
10. CWP-17760-2024 Priyanka and State of Haryana and others
another
11. CWP-17825-2024 Sahil Kumar and State of Haryana and others
another
12. CWP-17840-2024 Aasif Mustafa State of Haryana and others
13. CWP-17867-2024 Kiran Kumari State of Haryana and others
14. CWP-18020-2024 Pooja State of Haryana and others
15. CWP-18084-2024 Hem Lata and State of Haryana and others
another
16. CWP-18102-2024 Surender State of Haryana and others
17. CWP-18152-2024 Renu State of Haryana and others
18. CWP-18258-2024 Rekha State of Haryana and others
19. CWP-18405-2024 Sushila Devi and State of Haryana and others
others
20. CWP-18704-2024 Nishu Yadav State of Haryana and others
21. CWP-18720-2024 Pardeep Kumar State of Haryana and others
1 of 47
::: Downloaded on - 10-02-2025 23:17:03 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -2-
22. CWP-18815-2024 Naveen Bharat State of Haryana and others
Kashyap and others
23. CWP-18920-2024 Vinay Verma State of Haryana and others
24. CWP-18929-2024 Vijay Kumar and State of Haryana and others
others
25. CWP-18968-2024 Ankit Kumar and State of Haryana and others
others
26. CWP-18976-2024 Abhishek and others State of Haryana and others
27. CWP-19105-2024 Vikash and others State of Haryana and others
28. CWP-19145-2024 Bunti State of Haryana and others
29. CWP-19147-2024 Nisha and others State of Haryana and others
(O&M)
30. CWP-19151-2024 Gopal Chauhan and State of Haryana and others
others
31. CWP-19225-2024 Manita Haryana Staff Selection
Commission
32. CWP-19317-2024 Amit Kumar and State of Haryana and others
others
33. CWP-19327-2024 Mandeep Kumar and State of Haryana and others
others
34. CWP-19339-2024 Jyoti State of Haryana and others
35. CWP-19411-2024 Priyanka State of Haryana and others
36. CWP-19471-2024 Sunita and others State of Haryana and others
37. CWP-19490-2024 Khushboo State of Haryana and others
38. CWP-19574-2024 Pinki Devi State of Haryana and others
39. CWP-19692-2024 Anil Kumar and State of Haryana and others
others
40. CWP-19706-2024 Shallu Devi and State of Haryana and others
others
41. CWP-20038-2024 Mamta Rani and Haryana Staff Selection
others Commission
42. CWP-20045-2024 Dinesh Dhiman State of Haryana and others
43. CWP-20143-2024 Dharmender State of Haryana and others
44. CWP-20154-2024 Yahudin State of Haryana and others
45. CWP-20214-2024 Vicky Kumar and State of Haryana and others
others
46. CWP-21954-2024 Hemant Kumar State of Haryana and others
47. CWP-21959-2024 Tarif Ajeej and State of Haryana and others
others
48. CWP-22216-2024 Ajay Kumar State of Haryana and others
2 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -3-
49. CWP-22784-2024 Deepak Kumar Haryana Staff Selection
Commission and another
50. CWP-23144-2024 Aditya State of Haryana and others
51. CWP-23154-2024 Vikram Singh State of Haryana and others
52. CWP-23185-2024 Faisal Khan and State of Haryana and others
others
53. CWP-28676-2024 Rahul and others State of Haryana and others
54. CWP-29081-2024 Adesh State of Haryana and others
55. CWP-29135-2024 Ankit Yadav State of Haryana and others
56. CWP-30404-2024 Parveen and others State of Haryana and others
57. CWP-30607-2024 Sahil State of Haryana and others
58. CWP-31370-2024 Sanjay Kumar State of Haryana and another
59. CWP-31416-2024 Reema and others State of Haryana and others
60. CWP-31678-2024 Satya Dev and others State of Haryana and others
61. CWP-31182-2024 Rakesh Kumar State of Haryana and others
62. CWP-32257-2024 Saurabh and others State of Haryana and others
63. CWP-32760-2024 Arun Kumar State of Haryana and others
64. CWP-380-2025 Tannu State of Haryana and another
65. CWP-2102-2025 Amandeep State of Haryana and others
66. CWP-2450-2025 Vishal and others State of Haryana and others
67. CWP-18805-2024 Rinku and others State of Haryana and others
68. CWP-18808-2024 Mohammad Shahid State of Haryana and others
and other
69. CWP-19076-2024 Anju Bala and State of Haryana and others
another
70. CWP-19912-2024 Gurdeep and others State of Haryana and others
(O&M)
71. CWP-29559-2024 Shubham Kumar State of Haryana and another
72. CWP-20049-2024 Lalit Kumar and State of Haryana and others
(O&M) others
73. CWP-20586-2024 Lakshya and others State of Haryana and others
74. CWP-29676-2024 Kamal and others State of Haryana and others
75. CWP-28689-2024 Parvesh State of Haryana and others
76. CWP-31898-2024 Yougesh State of Haryana and another
77. CWP-34255-2024 Ankit and others State of Haryana and others
78. CWP-34831-2024 Shivam State of Haryana and others
3 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -4-
Present:- Mr. D.S. Patwalia, Senior Advocate with
Mr. A.S. Chadha, Advocate for the petitioner(s) in CWP-17852-2024,
CWP-18405-2024, CWP-17190-2024, CWP-17825-2024, CWP-18815-
2024, CWP-20214-2024 & CWP-19147-2024.
Mr. Sarthak Gupta, Advocate with
Mr. Girender Singh, Advocate for the petitioner(s) in CWP-17852-2024,
CWP-19912-2024, CWP-19692-2024, CWP-19317-2024, CWP-18815-
2024, CWP-18405-2024, CWP-17190-2024, CWP-16829-2024, CWP-
23185-2024, CWP-23154-2024, CWP-23144-2024, CWP-28676-2024,
CWP-18805-2024, CWP-29676-2024 & CWP-34255-2024.
Mr. Prashant Singh Chauhan, Advocate for the petitioners in CWP-2450-
2025, CWP-19327-2024, CWP-19147-2024, CWP-20214-2024, CWP-
17825-2024, CWP-18976-2024, CWP-19105-2024, CWP-19706-2024,
CWP-20049-2024, CWP-20586-2024, CWP-18084-2024 & CWP-30404-
2024.
Mr. Pardeep Chokker, Advocate with
Mr. Parvesh Malik, Advocate for the petitioner in CWP-34831-2024.
Mr. Abhijeet Singh Rawaley, Advocate for the petitioner
in CWP-19574-2024 & CWP-20154-2024.
Mr. Pardeep Sehrawat, Advocate and
Mr. Rajinder Singh, Advocate for the petitioners in CWP-17575-2024.
Mr. Bhupender Singh, Advocate for the petitioner in CWP-20045-2024.
Mr. Ankur Sidhar, Advocate for the petitioner.
Mr. R.S. Dhull, Advocate with
Mr. Navnit Sharma, Advocate and Mr. Sandeep Malik, Advocate for the
petitioner(s) in CWP-32257-2024, CWP-18808-2024, CWP-19339-2024,
CWP-20038-2024 CWP-21959-2024, CWP-31370-2024, CWP-31416-
2024.
Mr. Sourabh Sheoran, Advocate for the petitioners in CWP-21954-2024,
CWP-29135-2024 & CWP-29081-2024.
Mr. Arjun Singh, Advocate for the petitioners
in CWP-19411-2024 & CWP-20143-2024.
Mr. K.D.S. Hooda, Advocate and
Mr. Yashwir Hooda, Advocate for the petitioner
in CWP-380-2025 & CWP-18929-2024.
Mr. Gourav Phogat, Advocate for the petitioner in CWP-32760-2024.
Mr. Parmender Singh Bhukal, Advocate for the petitioner.
Ms. Harmanpreet Kaur, Advocate for the petitioner.
Mr. Mayank Yadav, Advocate for the petitioner
in CWP-19411-2024 & CWP-20143-2024.
Mr. Varun Parkash, Advocate for the petitioner in CWP-18720-2024.
Mr. P.R. Yadav, Advocate for the petitioner in CWP-28689-2024.
Mr. Ram Pal Verma, Advocate for the petitioner in CWP-17500-2024.
Mr. Virender Soni, Advocate for the petitioner in CWP-31182-2024.
Mr. Brijesh Kumar, Advocate and
Mr. Virender Singh, Advocate for the petitioner in CWP-29559-2024.
Mr. Vaibhav Sharma, Advocate and
Mr. Harit Narang, Advocate for the petitioner in CWP-18920-2024.
Mr. Bhanu Pratap Singh, Advocate for the petitioner in CWP-2102-2025.
Mr. Anshul Khurana, Advocate for the petitioner in CWP-22216-2024.
4 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -5-
Mr. S.S. Duhan, Advocate (through video conferencing)
for the petitioner in CWP-22784-2024
Mr. Jagjeet Beniwal, Advocate for the petitioner
in CWP-30607-2024.
Mr. Karminder Singh, Advocate and
Mr. P.S. Walia, Advocate for the petitioner in CWP-31898-2024.
Mr. Sumit Sangwan, Advocate for the petitioner
in CWP-18258-2024.
Mr. Deepak Vashishth, Advocate with
Mr. Sunil Bhardwaj, Advocate for the petitioner in CWP-19225-2024.
Mr. Shokeen Singh Verma, Advocate for the petitioner in CWP-19151-
2024, CWP-19471-2024, CWP-18968-2024, CWP-31678-2024 & CWP-
17760-2024.
Ms. Shruti Jain Goyal, Senior Deputy Advocate General, Haryana and Ms.
Dimple Jain, Deputy Advocate General, Haryana.
Ms. Rajni Gupta, Addl. Advocate General, Haryana
also representing respondent No.3 in CWP-19912-2024, respondent No.3
in CWP-20049-2024, respondent No.3 in CWP-29676-2024, respondent
No.3 in CWP-18811-2024, respondents No. 3 & 4 in CWP-19076-2024,
respondents No. 3 & 4 in CWP-31182-2024 & respondent No.5 in CWP-
18805-2024.
Ms. Nikita Goel, Advocate for respondent No.3 in CWP-18929-2024 &
for respondent No.3 in CWP-20586-2024.
Mr. Ankur Mittal, Advocate with
Ms. Kushaldeep Kaur, Advocate and Mr. Siddhanth Arora, Advocate for
respondent No.3 in CWP-31182-2024.
Ms. Harita Dhanda, Advocate for
Mr. Prateek Mahajan, Advocate for respondents No.5 and 6 in CWP-
20049-2024 & CWP-20586-2024.
***
JAGMOHAN BANSAL, J. (Oral)
1. As common issues are involved in 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-17852-2024.
2. The petitioners through instant petition under Articles 226/227
of the Constitution of India are seeking setting aside of public notices dated
14.07.2024 (Annexure P-5), 18.07.2024 (Annexure P-11), 21.07.2024
(Annexure P-12), 21.07.2024 (Annexure P-13) and 26.07.2024
(Annexure P-14) whereby their candidature has been rejected in BC-A/BC-B
5 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -6-
Category on the ground that they have submitted BC-A/BC-B certificate of a
date which is before the cut-off date i.e. 01.04.2023.
3. The petitioners pursuant to Advertisement No.6 dated
28.06.2024 (Annexure P-1) applied for the post of Constable (General
Duty). The respondent vide aforesaid advertisement invited applications for
5,000 posts of Male Constable (General Duty) and 1,000 posts of Female
Constable (General Duty). 1100 seats are reserved for BC-A/BC-B (for short
‘BC’) candidates in Male Category and 220 in Female Category. As per
advertisement, Common Eligibility Test (for short ‘CET’) qualified
candidates can apply for the post. The respondent prior to issuing
advertisement had conducted CET. A candidate who has not qualified CET
was not eligible to participate in the selection process. The result of CET
was declared category-wise. CET qualified candidates applied for written
examination and out of them, candidates to the extent of four times of the
advertised posts were shortlisted e.g. 700 seats were ear-marked for
BC-A in Male Category, 2800 CET qualified candidates were shortlisted.
The entitlement of a candidate is on the basis of merit in the CET result. The
respondent, pursuant to advertisement, conducted written test. Candidature
of many applicants was rejected in BC Category and they were shifted to
General Category. The ground of transposing candidates from BC Category
to General Category was that they had submitted BC certificates issued on a
date which is prior to cut-off date i.e. 01.04.2023. The petitioners after
issuance of impugned public notices submitted BC certificates of a date post
31.03.2023.
6 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -7-
There are few petitioners who have approached this Court prior
to the date of written test and few have approached after declaration of
result.
4. Mr. D.S. Patwalia, Senior Advocate submits that impugned
notices are bad on three counts namely: –
i. There was no cut-off date prescribed in the advertisement,
thus, respondent could not notify 01.04.2023 as cut-off
date;
ii. Reservation is a substantial right conferred by Constitution
of India which cannot be abridged on technical grounds;
iii. The petitioners along with application filed BC Certificate
of a date prior to 01.04.2023 and thereafter submitted BC
certificates of subsequent date, though after last date of
filing application, thus, there is compliance of terms and
conditions of the advertisement.
Elaborating his arguments, Mr. Patwalia submits that
advertisement required that every candidate shall submit his fresh latest
certificate. There was no cut-off date to submit the certificate, thus, no cut-
off date could be prescribed by the respondent. The respondent, as per its
whims and caprices as well as after commencement of selection process
introduced 01.04.2023 as cut-off date. In the absence of prescription of date
either in advertisement or the rules, the respondent had no authority to
prescribe cut-off date after commencement of selection process. It is trite
law that rules of game cannot be changed after its commencement.
7 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -8-
The petitioners were possessing BC certificates which were
issued prior to 01.04.2023. The said certificates were uploaded while filing
application. The petitioners claimed reservation in BC category. In the State
of Haryana, BC certificate is linked with Parivar Pehchan Patra (for short
‘PPP’) issued by the State Government as per the Haryana Parivar Pehchan
Act, 2021 (for short ‘2021 Act’). As per the said Act, a resident of Haryana
may upload particulars of his family which include names, address, caste,
income, assets etc. The competent authority verifies data submitted by the
applicant and on the basis of verification, a certificate bearing Unique ID is
issued. BC certificate is directly linked with PPP. If any person applies for
BC certificate, it is issued on the basis of data available on the portal of
Family Information Data Repository (PPP). The petitioner(s) at the time of
filing application submitted BC certificates obtained from the portal and
information contained in the certificate was based upon information of PPP.
The petitioners after filing application and on account of objection raised by
respondent submitted fresh BC-A/BC-B certificates which were also
obtained from portal and information contained in the certificate is based
upon data available for PPP.
A candidate belonging to Backward Class gets his status by
birth. On account of higher income, he may fall in creamy layer, however,
his caste does not change. The petitioners undisputedly belong to BC
Category. They along with application form had uploaded
BC certificate though it was issued prior to 01.04.2023. Eligibility for
reservation and proof of eligibility are two different aspects. The petitioners
belong to BC Category, thus, their eligibility is undisputed. The respondent
is disputing date of proof of eligibility. The petitioner(s) in the absence of
8 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -9-
clarity submitted BC certificate as was available. Their financial status had
not changed in the subsequent certificate, thus, there was no difficulty to get
certificate of subsequent years, however, it was not submitted on account of
lack of clarity.
The respondent is relying upon first part of clause 6.5 of the
advertisement and ignoring second part of said clause. In clause 6.5, it is
clearly mentioned that in the absence of submission of BC certificate, the
status would be determined from PPP. The petitioners have submitted BC
certificate inscribing Parivar Pehchan Patra Number (for short ‘PPN’). The
respondent as per advertisement was supposed to get information from the
official site of Family Information Data Repository (PPP). The respondent in
case of doubt could ask the petitioners to submit certificate of subsequent
years. The respondent, as per its convenience, invited objections from
candidates and carried out changes in the advertisement and selection
process. If the respondent, for its convenience and to remove its mistakes,
could carry out corrections after commencement of process, it could also
permit petitioners to submit BC certificate of a later date.
Mr. Sarthak Gupta and Mr. Prashant Singh Chauhan, Advocates
submit that petitioners at the time of conducting CET submitted their BC
certificate. The advertisement was in furtherance of CET. Only candidates
who had qualified CET were eligible to apply. The name of petitioners
figured in the merit list of CET. They had submitted BC certificate at the
time of exam. The respondent did not permit candidates to apply across the
board whereas result of CET was declared category-wise and applicants to
the extent of four times of advertised posts were shortlisted in their category.
In this way, the advertisement in question was in continuation of CET. The
9 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -10-
petitioners participated in the CET in their category and submitted requisite
certificates. No objection was raised by authorities and the result was
declared in their category. The eligibility of every candidate qua their
category settled as soon as result of CET was declared and they fell within
four times of advertised posts.
The certificate of BC is directly linked with PPN. Certificate of
BC is downloaded from the official site of the Government. An applicant is
not required to furnish fresh information at the time of getting fresh
certificate whereas as and when an applicant desires to get latest certificate,
he has to approach portal called ‘SARAL’ which is linked with the site of
PPP. The applicant gets certificate which is based upon information
available for PPP.
5. Per contra, Ms. Shruti Jain Goyal, Senior Deputy Advocate
General, Haryana and Ms. Dimple Jain, Deputy Advocate General, Haryana
submit that as per advertisement, the petitioners were duty bound to furnish
fresh latest BC certificate. Income and assets are linked with BC certificate.
A certificate which is meant for Central Government jobs cannot be used for
State Government jobs because income criteria of State and Central
Government is different. Certificate of Scheduled Caste cannot be compared
with Backward Class because principle of creamy layer is not applicable in
case of SC/ST. In case latest BC certificate is not furnished, there are all
possibilities that a candidate may apply and succeed whose income in last
financial year has exceeded prescribed limit. The status of BC certificate is
not absolute whereas it is fluid and variable. On account of change of
income and assets of the family, the status of a candidate within BC category
with respect to entitlement to benefits of reservation extended by the State
10 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -11-
Government may change. The petitioners were duty bound to upload their
fresh latest BC certificate. There are different clauses of the advertisement
which mandate that a candidate must possess certificate and upload it with
his/her application which is basis for claiming benefit of reservation. The
said certificate is required to be produced at the time of scrutiny. No
certificate can be considered at the time of scrutiny which was neither
uploaded nor was available at the time of filing application. The terms and
conditions of the advertisement were quite clear and lucid. The respondent
cannot act contrary to terms and conditions of the advertisement. It is settled
proposition of law that terms and conditions can neither be varied nor
ignored. If the petitioners are permitted to participate in the selection
process, it would prejudice interest of those who had submitted valid
certificate or who had not participated on account of lack of eligibility
certificate. 01.04.2023 was considered as cut-off date because advertisement
No.6 dated 28.06.2024 was issued in continuation of advertisement No.1
dated 12.02.2024, thus, BC certificate issued post 31.03.2023 was valid.
6. I have heard the arguments of learned counsel for both sides
and perused the record with their able assistance.
7. The conceded position emerging from the record is that the
respondents in terms of notification dated 05.05.2022 conducted CET
Group-C. The petitioners have applied for the post of Constable which falls
within the purview of Group-C. The petitioners qualified CET and their
name figured in the merit list. The respondent by advertisement dated
28.06.2024 invited applications from candidates who had qualified CET.
The petitioners being eligible applied for the post. Along with application,
they uploaded BC certificates. The respondent verified their certificates and
11 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -12-
by impugned order rejected their candidature on the ground that the
certificates are of a date prior to cut-off date i.e. 01.04.2023. The
advertisement dated 28.06.2024 was issued in continuation of earlier
advertisement dated 12.02.2024. The respondent while issuing
advertisement dated 28.06.2024 had issued public notice dated 28.06.2024
whereby it was clarified that the candidates who had applied pursuant to
previous advertisement i.e. advertisement No.01/2024 would not be required
to file fresh application. The respondent in Clause 6.5 of the advertisement
provided that candidates belonging to BC Category should attach fresh latest
certificate else caste/category mentioned in PPP will be considered. The
petitioners submitted BC certificates which were issued prior to 01.04.2023.
In view of advertisement dated 28.06.2024, the latest certificate should be of
a date post 31.03.2024, however, in view of public notice dated 28.06.2024,
the cut-off date should be 31.03.2023. The respondent has enacted 2021 Act.
As per the said Act, any person may upload his particulars with respect to
his age, caste, income and assets. There is another portal known as ‘SARAL’
which is directly linked with the portal for PPP. The information available
on portal of PPP and SARAL are inter-linked.
8. The petitioners are claiming that they were possessing
BC certificates issued prior to 01.04.2023 which were uploaded with
application form. As per Clause 6.5 of the advertisement, the respondent
could get information from PPP in the absence of requisite BC certificate.
The PPP site is directly linked with SARAL i.e. portal for
BC certificate and this is the reason that in the advertisement it has been
provided that in the absence of certificate furnished by candidate, the
Commission would rely upon PPP for the purpose of caste/category. The
12 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -13-
respondent is claiming that petitioners were duty bound to furnish latest
fresh certificate. If in the absence of fresh latest certificate, the Commission
was bound to rely upon PPP, there was no reason to insert requirement of
submission of fresh latest certificate. The requirement of fresh latest
certificate would become otiose if it is concluded that Commission was duty
bound to rely upon caste/category data available in PPP.
9. From the arguments of both sides and perusal of advertisement,
the following questions arise for the consideration of this Court: –
i. Was there any cut-off date for filing BC certificate?
ii. Were petitioners bound to submit fresh latest BC
certificate along with application?
iii. Was respondent in the absence of latest BC certificate duty
bound to rely upon PPP?
iv. Could petitioners on account of non-submission of fresh
latest BC certificate be transposed to general category?
10. The respondent by notification dated 05.05.2022 issued a
detailed procedure with respect to CET. The said notification clearly
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
13 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -14-
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
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 :
14 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -15-
(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:
(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
15 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -16-
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
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.
16 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -17-
(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.
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.”
11. 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
17 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -18-
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).
12. The respondent issued advertisement No.1/2024 dated
12.02.2024 inviting applications for 5000 posts of Male Constable and 1000
posts of Female Constable (General Duty). 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
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.
18 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -19-
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"
13. The dispute primarily revolves around clause 6 of the
advertisement. For the ready reference, clause 6 of the advertisement is
reproduced as below: –
“6. Reservation:
6.1. Implementation of reservation policy, maintaining
reservation roster and earmarking of vacancies for
different categories comes under the domain of the
concerned departments and Commission has nothing
to do with the number of posts requisitioned under
different categories. Benefit of reservation to the
persons of reserved category will be as per Haryana
Government instructions contained in letter No.
22/10/2013-1GS-III, dated 15.07.2014 and thereafter
issued from time to time upto the date of advertisement
shall be applicable.
6.2. The short listing of candidates shall be done on the
basis of particulars filled in online application form
for which supporting documents shall be uploaded. As
candidates can update their particulars till closing19 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -20-
date, thereafter, no change of particular at any stage
shall be entertained. In absence of documentary
evidence or mismatch in claimed category and
uploaded documents, candidature of candidate shall
be considered under General category/Parent
category, subject to his/her fulfilling eligibility in
General category/Parent category.
6.3. The benefit of reservation will be given only to those
SC/BCA/BCB/EWS and ESM candidates who are
bonafide resident of Haryana State and submit the
application against reserved category posts. As per
letter No. 22/88/96-3GS III dated 25.06.1997, if any
member/members belonging to Scheduled
Castes/Backward classes is/are selected in the open
competition for direct recruitment on the basis of their
own merit, they will not be counted against the quota
reserved for Scheduled Castes/Backward classes, they
will be treated as open competition candidates.
However, such candidates should fulfill conditions of
eligibility regarding age etc. as are meant for general
category candidates.
6.4 EWS certificate (valid for State of Haryana) on
prescribed proforma should be valid for the year in
which the candidates have applied for the posts as per
govt. instructions issued vide no. 22/12/2019-1GS-III,
dated 25.02.2019. EWS certificate issued for jobs in
Central Govt. will not be considered irrespective of
income mentioned in certificate.
6.5 The candidates belonging to BC-A/BC-B categories
should attach the fresh latest BC-A or BC-B certificate
as the case may be as per Haryana Government
instruction issued vide no. 22/132/2013-1GS-III, dated
22.03.2022 or his/her caste/category mentioned/
verified in Parivar Pehchan Patra will be considered.
OBC certificate issued for jobs in Central Govt. will
not be considered irrespective of income mentioned in
certificate.
20 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -21-
6.6. The reserved category candidates belonging to other
States will be allowed to compete against the posts
meant for general category only and will be
considered as general category candidates.”
[Emphasis supplied]
14. From the plain reading of clause 6.5, it is evident that
candidates belonging to BC category should attach fresh latest certificate or
Commission would consider caste/category from PPP. There are different
clauses in the advertisement which provide that the candidate is required to
upload documents along with application and only uploaded
documents/certificates would be considered at the time of scrutiny of
documents. No certificate which is not uploaded can be submitted at the time
of scrutiny of documents. Relevant clauses of the advertisement are
reproduced as below: –
“7. Regulatory Framework
(i) EWS certificate as per Annexure I.
(ii) Qualifications i.e. degree, diploma, certificates,
experience and other terms & conditions of
eligibility will be determined with regard to the last
date fixed for receipt of online applications also
termed as closing date.
Important Guidelines:-
1. Proforma/Formats for certificates are available
as Annexure-I of this advertisement.
2. Claim of reservation etc., if any, shall be
admissible to those candidates only, who upload the
requisite valid original certificate along with their
application in support of their claim and are of
Haryana domicile.
3. The benefit of reservation will be given only to
those SC/BCA/BCB/EWS and ESM candidates who
are domicile of Haryana State.
21 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -22-
4. The SC/BCA/BCB/EWS candidates are required
to upload SC/BCA/BCB/EWS Certificates duly issued
by competent authority with application form. The
uploaded documents issued before the last date of
application shall only be considered.
8. How to apply:
8.1. XXXX XXXX XXXX XXXX
8.2. Apply online well in advance without waiting for last
date of submission of online application form. Before
submission of the online application, candidates
must check that they have filled correct details in
each field of the form. A candidate may edit his/her
application form till the last date of submission of
application forms i.e. closing date. After closing date
of application, no change/ correction/modification
will be allowed under any circumstances. Requests
received in this regard in any form like Post, Fax,
Email, by hand etc. shall not be entertained and shall
be deemed to be rejected.
8.3. XXXX XXXX XXXX XXXX
8.4. The hard copy of application form along with all
uploaded documents must be brought at the time
when called upon to do so by Haryana Staff
Selection Commission. Documents which have not
been uploaded shall not be entertained. However,
HSSC may ask an additional paper in support of
already submitted document for more clarity, if
required.
8.5 & 8.6 XXXX XXXX XXXX XXXX
8.7. Candidates who do not fulfill the
qualifications/eligibility conditions on cutoff date,
their application shall be liable to be rejected. All the
Certificates/Documents relating to educational
qualification/eligibility conditions & experience etc.
will be determined with regard to last date fixed to22 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -23-
apply online applications or as mentioned in the
notification, wherever applicable.
XXXX XXXX XXXX XXXX
10. Documents to be uploaded with Application Form
(MANDATORY)
10.1. Scanned Copy of Essential Academic Qualifications
and Matriculation Certificate showing Date of Birth
and other relevant details.
10.2. Scanned Copy of SC/BCA/BCB/EWS/ESM
certificate, certificate for family member of ESM
and children/grandchildren of Freedom Fighters.
10.3. Scanned copy of Certificate supporting claims of
reservation/weightage/relaxation(s).”
XXXX XXXX XXXX XXXX
11.7 All rules/instructions prevailing on cut-off date shall
be applicable.
XXXX XXXX XXXX XXXX
11.14 If any document is required to be renewed/re-
issued, candidate must bring both old and new
documents.”
14.1 From the perusal of above quoted clauses of the advertisement, it
is evident that every applicant was bound to possess and upload BC Certificate
to claim benefit of reservation. If a candidate fails to upload a document or
certificate, it cannot be produced or considered at the time of scrutiny of
documents.
15. The advertisement was issued on 28.06.2024 and last date for
filing application was 08.07.2024. As per terms and conditions of the
advertisement, every candidate claiming reservation was bound to upload
his/her caste certificate. The last date for uploading the application along
with documents was 08.07.2024 meaning thereby a candidate claiming
reservation was supposed to have requisite certificates latest by 08.07.2024.
If he opts to file application before the last date, he was supposed to have
certificates by said date because in the absence of possession of certificates,
23 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -24-
he could not upload those certificates along with Application Form.
Candidates belonging to BC category were supposed to file BC certificate
along with Application Form. The format of certificate has been prescribed
in the advertisement read with instructions. BC certificate available on
SARAL Portal which is linked with PPP incorporates annual income and
discloses that candidate does not fall within creamy layer. For the ready
reference copies of BC certificate and PPP are reproduced as below: –
“BC CERTIFICATE
Parivar Pechan Number: 4VKE6945
Certificate Number: HRBC/2024/63412Government of Haryana
Backward Class Certificate
This is to certify that Mr. NAVEEN son of Mr. RAJ
KUMAR resident of H.No.52, VPO PANJUANA SIRSA, Village
Panjuana, Tehsil Sirsa, District SIRSA in the State of Haryana
belongs to Kamboj Caste. This caste is mentioned in the Backward
Class Block “A” in Schedule “I” to the Haryana Backward
Classes (Reservation in Services and Admission in Educational
Institutions) Act, 2016 (15 of 2016).
Mr. NAVEEN and/or his family ordinarily reside(s) in H. No.52,
VPO PANJUANA SIRSA, Village Panjuana, Tehsil Sirsa, District
SIRSA of the Haryana State.
This is to certify that he/she does not belong to creamy layer as per
the Haryana State notification no.491-SW(1)-2021 dated
17.11.2021.
Place: Sirsa
Dated: 10.03.2024 Issued by
Additional Deputy Commissioner-cum-
District Citizen Resources Information Officer
District Sirsa”
24 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -25-
HARYANA PARIVAR PEHCHAN PATRA
“Citizen Resource Information Department (CRID)
Family ID. – 4VKE6945 Print date:23.07.2024
Name of Head: District: Tehsil/city Village/Ward
Raj Kumar Sirsa Baragudha BL Panjuana
Address: 52 Main Raod VPO Panjuana Sirsa.
Family Income (Verified) 75000-100000
Name Father Mother DOB Relation Age Mobile Aadhar Member Occupation Caste Is
Name Name with Number Income Divyang
HOF
Asha Mohana Maya 11/02/1973 Wife 51Y xxxxxx3076 xxxx 0 Housewife BC(A) N
Rani Ram Bai 5M
xxxx
12
D 9832
Raj Munshi Jamna 01/01/1970 Self 54Y xxxxxx3076 xxxx 75000- Farmer BC(A) N
Kumar Ram Bai 6M
22D xxxx 100000
5769
Naveen Raj Asha 02/03/1998 Son 26Y xxxxxx6656 xxxx 0 Student BC(A) N
Kumar Rani 4M
21D xxxx
7095
Showing 1 to 3 of 3 entries
I hereby give my consent to share Aadhar with Government of Haryana.
I hereby declare that above details are true and correct to the best of my
knowledge.
DISCLAIMER: The information displaced on this page is NOT proof of verified
information in FIDR. This information should NOT be construed as ‘verified
information’ provided by Citizen Resources Information Department or Haryana
Parivar Pehchan Authority, Panchkula, or used for any legal purpose. Users are
advised to cross-check authenticity of any information with the concerned
Government department.”
16. From the perusal of above quoted BC certificate, it is evident
that it certifies that candidate does not belong to creamy layer as per State
notification dated 17.11.2021. The notification dated 17.11.2021 prescribes
limit of creamy layer. The limit prescribed by State Government is different
from limit prescribed by Central Government. The limit has been modified
from time to time. For the purpose of advertisement in question, the limit
25 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -26-
was Rs.6 lakh per annum. The notification dated 17.11.2021 is reproduced
as below:
“Haryana Government
Welfare of Scheduled Castes and Backward Classes
Department
Notification
The 17th November, 2021No. 491-SW(1)-2021. In exercise of the powers
conferred under clause (d) of Section 2 and Sub-section (2) of
Section 5 of the Haryana Backward Classes (Reservation in
Services and Admission in Educational Institutions) Act, 2016
(15 of 2016), and in supersession of the Haryana
Government, Welfare of Scheduled Castes and Backward
Classes Department, notification No. 808-SW(1), dated the
17th August, 2016 and the Haryana Government, Welfare of
Scheduled Castes and Backward Classes Department,
notification No. 1282-SW(1), dated the 28th August, 2018, the
Governor of Haryana hereby specifies the following criteria
for exclusion of persons within the Backward Classes as
Creamy Layer as per Annexure appended hereto.
Annexure
DESCRIPTION OF CATEGORY TO WHOM RULE OF EXCLUSION
SHALL APPLY
1 2 3
I. XXXX XXXX
V. Income Test/Wealth Test Son(s) and daughter(s) of parents
Having gross annual income of Rs. 6 lakhs or
above.
OR
Possessing wealth above Rs. 1 Crore for a
period of last three consecutive years.
Explanation:
Income from all sources shall be clubbed to
arrive at the gross annual income."
26 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -27-
17. The notification dated 17.11.2021 has been issued in exercise of
power conferred by Section 5 of Haryana Backward Classes (Reservation in
Services and Admission in Educational Institutions) Act, 2016 (for short
‘2016 Act’). Section 5 of 2016 Act provides that no member of BC shall be
entitled to admission and job if he belongs to creamy layer. Section 5 of
2016 Act reads as: –
“5. (1) Notwithstanding anything contained in this Act, no
person belonging to the creamy layer of Backward Classes
shall be–
(a) considered for admission in educational
institutions against the seats reserved therein
for Backward Classes as specified in the
Schedule; or
(b) entitled to claim reservation in or be considered
for appointment in services under the State
against the posts reserved for Backward
Classes as specified in the Schedule.
(2) The Government shall, by notification, after
taking into consideration social, economic and such
other factors, as deemed appropriate, specify the
criteria for exclusion and identification of persons
belonging to the Backward Classes as creamy layer.
(3) The criteria fixed under sub-section (2) shall be
reviewed every three years.”
18. In the advertisement dated 28.06.2024, it was prescribed that
fresh latest certificate should be submitted. The certificate should be in terms
of instructions dated 22.03.2022 issued by the State Government. For the
sake of convenience and better appreciation of the issue, it would be useful
to examine instructions dated 22.03.2022. The relevant extracts of the same
are reproduced as below: –
27 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -28-
“2. The Haryana Parivar Pehchan Act, 2021 provides for
the assignment of the Parivar Pehchan Number (PPN) as a
unique identifier number to each family. The database,
namely Family Information Data Repository (FIDR), contains
PPN along with corresponding information generally
required for determining eligibility for, or the provision of
any scheme, service, subsidy or benefit provided/implemented
by or on behalf of the State Government/any Government
agency/local authority. State Government has been
empowered under section 8 of the Act to prescribe Parivar
Pehchan Number (PPN) as a requirement for the purpose of
determining above mentioned eligibility or provision. The
verified information linked with PPN available in Family
Information Data Repository (FIDR) has now made it
feasible to issue Caste Certificates over the counter through
the SARAL portal.
3. ln view of the above, Government has decided to issue
revised instructions/guidelines in supersession of all the
previous instructions issued till now, as under:-
XXXX XXXX XXXX XXXX
(xiii) Validity of a Caste Certificate: -
(i) A Caste Certificate once issued (in its standard
format) shall be valid for the life time of the person so
long as such caste/tribe is not removed or modified in
the notifications issued by the Welfare of Scheduled
Castes and Backward Classes Department, Haryana.
(ii) Where a Caste Certificate is requested for specific use
outside the context of Government of Haryana, it shall
be issued in the format prescribed by the Government
of lndia.
(iii) Certificates which include income and/or assets based
information like creamy layer criteria shall become
invalid after the validity period prescribed on the said
certificate. Such certificates shall be valid for the
current financial year, i.e. till coming 31st March
(included) from the date it has been issued.
28 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -29-
(iv) A Caste Certificate may also become invalid if after
due process, it has been concluded that the caste was
incorrectly mentioned on the certificate or wrongly
verified in the FIDR, due to any reason whatsoever.
XXXX XXXX XXXX XXXX
(xv) General Terms and Conditions.-
XXXX XXXX XXXX XXXX
(d) Mere issuance of a Caste certificate does not entitle a
person holding such certificate to any benefit that may
be admissible under various Government Schemes
implemented from time to time. Hence, it is important
that the authority concerned examines the applicant’s
entitlement to any specific benefit in accordance with
the instructions on the subject at any given point of
time. For instance, a person from the Backward Class
may not be entitled to certain benefits if he falls within
the creamy layer as defined from time to time.
Accordingly, the Caste Certificates shall address
ONLY the caste of the certificate holder. Other
eligibility criteria for a particular scheme shall be
addressed separately by the authority extending any
such benefit.
XXXX XXXX XXXX XXXX
4. Further, it is directed that no Government Department
of Haryana shall obligate any Haryana resident to
submit caste related proof documents if he/she
provides PPN and his/her caste and caste category is
marked as verified in Family information Data
Repository (FIDR).”
From the perusal of instructions dated 22.03.2022, it is evident
that caste certificate once issued shall be valid for the lifetime of the person,
however, the certificates which include income and/or assets based
information like creamy layer criteria shall become invalid after the validity
period prescribed on the said certificate. Such certificate shall be valid for
the current financial year i.e. till 31st March (included) from the date it has
29 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -30-
been issued. Dichotomy between caste certificate and a certificate which
includes information of creamy layer is stark. As per Clause 6.5 of the
advertisement, BC certificate ought to be as per instruction dated
22.03.2022. As per instructions, the certificate having information of creamy
layer is invalid after 31st March of the year. From the reading of above
reproduced BC certificate, it is evident that it is disclosing that candidate
does not belong to creamy layer.
19. From the conjoint reading of different instructions, enactments
and terms of advertisement, the salient features of the advertisement qua
reservation for BC candidates are culled out as below:-
i. Reservation for BC candidates is governed by 2016 Act;
ii. No BC candidate is entitled to reservation, if he belongs to
creamy layer;
iii. Validity of BC certificate is lifetime;
iv. BC certificate can be obtained from SARAL portal;
v. SARAL postal is inter-linked with verified data of PPP
portal;
vi. PPP portal comprises of information of a family which
includes caste, income, address, number of family
members, assets etc.;
vii. Information at PPP portal is fed by resident of Haryana and
it is verified by competent authority. Data which cannot be
verified is reported as unverified;
30 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -31-
viii. BC certificate which gives information about creamy layer
is valid till 31st March of the financial year;
ix. Any person whose data is available at PPP portal may
obtain BC certificate through SARAL portal;
x. While obtaining BC certificate from SARAL portal, no
information qua income is uploaded on SARAL portal;
xi. Data at PPP portal may be changed by furnishing fresh/
additional information;
xii. As soon as data at PPP portal is modified, data at SARAL
portal stands modified e.g. if income is updated at PPP
portal, updated income would be disclosed by SARAL
portal while issuing BC certificate.
20. Indisputably, CET qualified candidates could apply pursuant to
advertisement in question. In Clause 7(v) of notification dated 05.05.2022, it
is clearly mentioned that a candidate belonging to reserved category shall be
eligible for skill or written examination of second stage if he secures
minimum 40% marks. The advertisement also makes it clear that CET
qualified candidates are eligible for participating in the written test. The
respondent shortlisted four times of advertised posts amongst CET qualified
candidates. Thus, it is quite clear that written test conducted pursuant to
advertisement was second stage. First stage was CET and second stage was
written test as per advertisement. Clause 5 of notification dated 05.05.2022
provides that all the applicants shall upload all required documents relating
to their claim including reservation. It is further provided that PPN enables
the recruiting agency to verify claim of the applicants in respect of
31 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -32-
residence, educational and other qualifications, caste and experience
certificate, family income/assets, status of parents etc.
The petitioners herein uploaded their BC certificate at the time
of registration for CET. They claimed reservation under BC category. They
participated in the test under BC category and their result was declared
under BC category. They were shortlisted under BC category. The
respondent in case of doubt verified or could verify petitioners’ claim in
respect of caste and experience certificate as well as family income/assets.
The respondent at first stage permitted the petitioners to participate under
BC category and declared their result under BC category. They had
uploaded their BC certificate and in case of doubt, the respondent must have
and even otherwise, was duty bound to verify their particulars from PPN.
The respondent at the first stage i.e. CET verified and accepted claim of the
petitioners under BC category. There was no question of asking to furnish
fresh latest BC certificate because same certificate cannot be required at
different stages unless and until there is doubt or complaint against a
particular person.
21. The CET notification provides that information with respect to
caste and income/assets disclosed by applicant may be verified from PPN.
The same clause is part of Clause 6.5 of the advertisement. At the cost of
repetition but for the sake of convenience and better understanding, Clause
6.5 of the advertisement and relevant portion of Clause 5 of notification
dated 05.05.2022 is reproduced as below:-
Clause 6.5 of the Advertisement:
“6.5 The candidates belonging to BC-A/BC-B categories
should attach the fresh latest BC-A or BC-B certificate
as the case may be as per Haryana Government
32 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -33-
instruction issued vide no. 22/132/2013-1GS-III, dated
22.03.2022 or his/her caste/category mentioned/
verified in Parivar Pehchan Patra will be considered.
OBC certificate issued for jobs in Central Govt. will
not be considered irrespective of income mentioned in
certificate. ”
Clauses 5 of the Notification:
“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.”
22. From the above quoted clauses of the advertisement and
notification, inevitable conclusion which can be arrived at is that the
respondent was able to verify applicants’ claim in respect of caste and
family income/assets from PPP. The facility was available at the time of
33 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -34-
CET as well as 2nd stage test. There was no question to deny benefit on the
ground that the applicant had not submitted latest fresh BC certificate.
23. The respondent conducted CET on 05.11.2022 & 06.11.2022.
The applicants filed their documents during May-July’ 2022. The financial
year applicable at the time of filing documents for CET was 2021-22. The
financial year for the candidates who applied pursuant to original
advertisement issued in February’ 2024 was 2022-23. The financial year for
the candidates who applied pursuant to advertisement issued in June’ 2024
was 2023-24. In this way, three different financial years were involved. CET
was first stage. There were possibilities of change of financial status of
candidates during these financial years. The respondent verified and
accepted financial status of a candidate at the time of conducting CET. As
financial status determining eligibility to claim reservation was determined
at the time of CET, there was no question of re-determination of status at the
time of second stage. From the commencement of CET to filing of
application pursuant to advertisement dated 28.06.2024, three different
financial years came to be involved. As per notification issued under Section
5 of 2016 Act, financial status is not determined on the basis of income of
three different financial years whereas it is determined on the basis of annual
gross income of one year even though assets are considered of three
consecutive years. On account of involvement of three financial years, it
would be unjust and unfair to consider 01.04.2023 as cut-off date especially
when for the CET financial year involved was 2021-22.
24. The respondent in the impugned order has held that BC
certificate is of before cut-off date i.e. 01.04.2023. The petitioners
downloaded BC certificate from SARAL Portal. The petitioners have
34 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -35-
enclosed BC certificates of different years e.g. BC certificates of Naveen S/o
Raj Kumar is dated 23.03.2023 and another 10.03.2024. Both the certificates
have been downloaded from SARAL Portal. As per procedure prescribed in
the 2021 Act, an applicant uploads his particulars on the official site. The
competent authority verifies said information. It is called as ‘verified
information’ which forms basis of BC certificate obtained from SARAL
port. The applicant may update ‘verified information’ and is bound to update
if directed by competent authority. The petitioners uploaded information
prior to filing application for CET. On the basis of said information, BC
certificate was issued by SARAL portal. If a candidate applies either in 2022
or 2023 or 2024 for BC certificate, the contents of the certificate except date
of certificate would remain same unless and until information available at
PPP portal is undated. The respondent during the course of hearing harped
on the question of date of certificate which indicates that either respondent
has failed to understand the system of SARAL and PPP portal or there is
some mis-communication. The respondent should ask BC certificate having
incorporated income of a particular Financial Year.
The State Government with intent to achieve goal of upliftment
of poor strata of the society has evolved a novel electronic mechanism of
personal information. Information available on PPP portal is utilized for all
beneficial schemes introduced by State Government. SARAL portal is part
of benevolent schemes introduced by State Government. Object of SARAL
portal is to provide BC certificate without physically approaching the
authorities and within shortest possible time. PPP portal discloses verified as
well as non-verified information of the candidates. It opens horoscope of the
family. The respondent knowing this fact jotted down in the notification of
35 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -36-
CET as well as advertisement in question that if latest BC certificate is not
filed, status would be confirmed from PPP. Intent as well reason was stark
and sound. There was not even an iota of doubt. Mess developed due to long
time gap in the date of filing application for CET, cancellation of first
advertisement and issuance of second advertisement that too in the next
financial year. In this process, three financial years came to be involved.
Data available on PPP portal was not updated, thus, BC certificate obtained
from SARAL port, irrespective of the date of request was bound to give
same information. The respondent accepted BC certificate obtained from
SARAL portal which on account of afore-stated reasons was bound to give
same information irrespective of date of request made on SARAL portal.
Object of denial of benefit of BC to a candidate belonging to creamy layer
could not be achieved unless and until latest financial status as contemplated
by notification issued under Section 5 of 2016 Act is gathered. This was
possible either by asking the candidates to upload latest financial
information at PPP portal or furnish manual BC certificate disclosing latest
financial information. The respondent in the notification issued for CET and
Advertisement has provided for verifying BC status from PPP, thus, there
was no reason to deny benefit of reservation on the ground of non-
submission of latest fresh BC certificate.
25. A conspectus of BC certificate, notification dated 17.11.2021
and instructions dated 22.03.2022, reveals that BC certificate which includes
income & assets-based information like creamy layer is valid till 31st March
from the date it has been issued e.g. a certificate issued on 01.01.2024 shall
be valid till 31.03.2024. As per Income Tax Act, 1961 financial year sprawls
from 1st April to 31st March like 01.04.2022 to 31.03.2023 is one financial
36 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -37-
year. Creamy layer status is determined on the basis of income and assets
held by family during a financial year. A person may not be covered by
concept of creamy layer in one particular year but may be in subsequent
years. As per notification dated 17.11.2021 issued under Section 5 of 2016
Act, a member of BC category belongs to creamy layer if his parents are
having gross annual income of ₹6 Lakhs or above or possessing wealth
above ₹1 Crore for a period of last three consecutive years.
From the conjoint reading of Section 5 of 2016 Act, notification
issued thereunder, instruction dated 22.03.2022 and Clause 6.5 of the
advertisement, it is evident that a candidate was not entitled to reservation
under BC category, if his parents were having gross annual income of ₹6
Lakh or above. Claim of the petitioners that concept of creamy layer is not
relevant and only BC certificate was required is misconceived. Section 5 of
2016 Act is a statutory provision which cannot be ignored. A candidate
claiming reservation as BC was bound to prove that he did not belong to
creamy layer. Concept of creamy layer as envisaged by Section 5 of 2016
Act cannot be ignored.
26. The petitioners are claiming that there is no cut-off date thus,
respondent has wrongly considered 01.04.2023 as cut-off date. As per the
respondent, candidates were required to submit BC certificate of a date post
31.03.2023 and it must have been uploaded alongwith Application Form.
The Courts, time and again, have held that in the absence of
specific condition in the advertisement or rules, the last date for filing
application should be considered as cut-off date. The date of interview or
scrutiny of documents is always variable, however, last date for filing
application is not variable, accordingly, last date for filing application should
37 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -38-
be considered as cut-off date. There may be substantial gap between last date
for filing application and date of scrutiny of documents/exam and in the
interregnum status of candidates may change on account of change of
income/assets.
27. If Clause 3(xiii)(iii) of the instructions dated 22.03.2022 is
applied to the instant case, only certificates issued after 31.03.2024 could be
considered as valid. The certificates which were issued prior to 01.04.2024
lost their life on 31.03.2024. Those were non-existent after 31.03.2024. The
respondent has vehemently pleaded that cut-off date for all intents and
purposes was 01.04.2023. The respondent is relying upon public notice
dated 28.06.2024 which was issued along with advertisement. If the public
notice is read with advertisement in question, the certificates which were
issued after 31.03.2023 as well as certificates issued after 31.03.2024 were
valid. There must be few candidates who had applied pursuant to
advertisement dated 12.02.2024. For them, fresh latest certificate in view of
instructions dated 22.03.2022 was of a date issued on or after 01.04.2023
whereas for those candidates who applied pursuant to advertisement dated
28.06.2024, the certificate issued on or after 01.04.2024 was valid. Thus,
stand of respondent that cut-off date for fresh latest certificate for each
candidate was 01.04.2023 is misconceived and unsustainable. This shows
that respondent itself created a mess and was not clear that which certificate
would be valid. The cut-off date got confused. The respondent in the
advertisement could spell out that certificates of this and this particular year
would be relevant.
28. It is undisputed fact that petitioners uploaded BC certificates
along with Application Form though of the dates prior to 01.04.2023. In the
38 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -39-
advertisement, the respondent could very easily prescribe that certificate of a
particular year would be acceptable. The respondent did not prescribe
particular financial year and on the other hand prescribed that in case fresh
latest certificate is not filed, caste and category mentioned in PPP would be
considered. Indubitably, BC certificate is obtained through SARAL portal
which is connected with portal meant for PPP. In every BC certificate PPN
is inscribed, meaning thereby as soon as BC certificate is available, everyone
comes to know about PPN and information with respect to said person may
be obtained from the site of PPP. The site meant for PPP is an official site
and respondent has free access. The respondent knowing the said process
jotted down in clause 6.5 that in case fresh latest certificate is not uploaded,
information with respect to caste and category would be obtained from PPP.
It does not seem to be a mistake whereas it seems to be a conscious decision.
The respondent was bound to collect information from PPP in case of non-
submission of BC certificate or wrong submission of BC certificate. It
appears that intention of drafters of the advertisement was to avoid litigation
which normally ensue on account of non-submission or wrong submission or
late submission of BC certificates. The respondent cannot travel beyond the
terms and conditions of the advertisement. The terms and conditions of the
advertisement are quite clear and lucid. The respondent was duty bound to
obtain information from PPP in case of doubt.
29. In Ram Kumar Gijroya v. Delhi Subordinate Services
Selection Board and another, (2016) 4 SCC 754, a two Judge Bench of
Supreme Court considered the question as to whether a candidate who
appears in the examination under OBC category and submits his caste
certificate after the last date mentioned in the advertisement is eligible for
39 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -40-
selection to the post under the OBC category or not. In the said case, Delhi
Subordinate Services Selection Board, Delhi invited applications for
selection to the post of Staff Nurse in the Department of Health and Family
Welfare, Government of NCT of Delhi. Ram Kumar Gijroya submitted his
application Form before the due date and appeared in the examination. His
name did not appear in the final list of selected candidates. His candidature
was rejected on the ground that he has failed to submit OBC certificate
issued by appropriate authority alongwith application Form before the last
date of submission of application Form. He preferred writ petition before the
Delhi High Court which was allowed by Single Judge, however, Division
Bench set aside order of Single Judge and allowed Letters Patent Appeal.
The Supreme Court while relying upon Constitution Bench judgment in
Indra Sawhney v. Union of India, 1992 Supp. (3) SCC 217 and Valsamma
Paul (Mrs) v. Cochin University (1996) 3 SCC 545 set aside judgment of
Division Bench of Delhi High Court and restored the judgment passed by
Single Judge. The relevant extracts of the judgment are reproduced as
below:
“18. In our considered view, the decision rendered in
Pushpa [Pushpa v. Govt. (NCT of Delhi), 2009 SCC OnLine
Del 281] is in conformity with the position of law laid down
by this Court, which have been referred to supra. The
Division Bench of the High Court erred in reversing the
judgment and order passed by the learned Single Judge,
without noticing the binding precedent on the question laid
down by the Constitution Benches of this Court in Indra
Sawhney [Indra Sawhney v. Union of India, 1992 Supp (3)
SCC 217 : 1992 SCC (L&S) Supp 1 : (1992) 22 ATC 385] and
Valsamma Paul [Valsamma Paul v. Cochin University, (1996)
3 SCC 545 : 1996 SCC (L&S) 772 : (1996) 33 ATC 713]
wherein this Court after interpretation of Articles 14, 15, 16
40 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -41-
and 39-A of the directive principles of State policy held that
the object of providing reservation to the SCs/STs and
educationally and socially backward classes of the society is
to remove inequality in public employment, as candidates
belonging to these categories are unable to compete with the
candidates belonging to the general category as a result of
facing centuries of oppression and deprivation of opportunity.
The constitutional concept of reservation envisaged in the
Preamble of the Constitution as well as Articles 14, 15, 16
and 39-A of the directive principles of State policy is to
achieve the concept of giving equal opportunity to all sections
of the society. The Division Bench, thus, erred in reversing the
judgment and order passed by the learned Single Judge.
Hence, the impugned judgment and order passed by the
Division Bench in Letters Patent Appeal No. 562 of 2011 is
not only erroneous but also suffers from error in law as it has
failed to follow the binding precedent of the judgments of this
Court in Indra Sawhney [Indra Sawhney v. Union of India,
1992 Supp (3) SCC 217 : 1992 SCC (L&S) Supp 1 : (1992) 22
ATC 385] and Valsamma Paul [Valsamma Paul v. Cochin
University, (1996) 3 SCC 545 : 1996 SCC (L&S) 772 : (1996)
33 ATC 713] . Therefore, the impugned judgment and order
[Delhi Subordinate Services Selection Board v. Ram Kumar
Gijroya, 2012 SCC OnLine Del 472 : (2012) 128 DRJ 124]
passed by the Division Bench of the High Court is liable to be
set aside and accordingly set aside. The judgment and order
dated 24-11-2010 passed by the learned Single Judge in Ram
Kumar Gijroya v. Govt. (NCT of Delhi) [Ram Kumar Gijroya
v. Govt. (NCT of Delhi), WP (C) No. 382 of 2009, order dated
24-11-2010 (Del)] is hereby restored.
19. The appeals are allowed. No costs.”
29.1 The aforesaid judgment came to be doubted by a Division
Bench in Karn Singh Yadav v. Government of NCT of Delhi and others,
(2024) 2 SCC 716. The Division Bench vide order dated 24.01.2020 opined
that matter requires to be considered by larger Bench of three Judges. The
41 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -42-
Court observed that in every advertisement there are belated claims,
claiming reservation though candidates do not submit certificates from the
competent authority before the cut-off date. The relevant extracts of order
dated 24.01.2020 are reproduced as below: –
“5. In view of the acute problem of unemployment,
whenever few vacancies are notified by any public authority,
it is common that thousands of applicants apply for such
posts. If the applicants are permitted to rectify applications
after cut-off dates, the same would render the scrutiny process
indefinite. In the course of such recruitment process, many
persons, though they belong to the OBC category or SC/ST
category, might not have obtained the required caste
certificate before the cut-off date. Such persons, being law
abiding and being conscious of the bar contained in the
notification of the cut-off date, might not have applied seeking
employment. In case the authority starts accepting caste
certificates subsequent to the prescribed cut-off dates
whenever a candidate approaches the authority, the
remaining candidates who had not applied would definitely be
affected. If the applicants are allowed to submit certificates in
proof of their claim of reservation subsequent to the notified
cut-off date, it would create administrative chaos.
6. In practice, for every advertisement, there are such
belated claims claiming reservation, though the candidates
did not submit certificate from the competent authority, before
the cut-off date. In view of the general importance of the
question, we are of the view that the issue which fell for
consideration in Ram Kumar Gijroya [Ram Kumar Gijroya v.
DSSSB, (2016) 4 SCC 754 : (2016) 1 SCC (L&S) 742]
requires to be considered by a larger Bench of three Judges.
7. Accordingly, we refer the matter for consideration by a
larger Bench of three Judges. Registry to place the papers
before the Hon’ble the Chief Justice for appropriate orders.”
42 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -43-
29.2 A three Judges Bench in Karn Singh Yadav v. Government of
NCT of Delhi and others, (2024) 2 SCC 588 considered the issue. The
Court without adverting to question raised by Division Bench held that
instant matter is completely covered by judgment of Ram Kumar Gijroya
(supra). The relevant extracts of the judgment reads as:
“4. It must be stated here that an identical fact situation
came up for consideration before this Court in Ram Kumar
Gijroya v. DSSSB [Ram Kumar Gijroya v. DSSSB, (2016) 4
SCC 754 : (2016) 1 SCC (L&S) 742], wherein this Court
ruled in favour of the candidate concerned. The instant matter
is thus completely covered by the said decision.
5. However, it must be noted here that as a result of
cancellation of the candidature, the appellant was never
appointed to the post in question and at this length in time, it
will not be possible to grant any substantial relief to the
appellant.”
29.3 A two Judge Bench of Supreme Court in Divya v. Union of
India and others, 2024(1) SCC 448 while adverting to question of validity
of BC certificate filed after the last date for filing application has held that
certificate filed after the last date prescribed for filing application cannot be
considered. BC certificate is directly linked with income and assets criteria,
resultantly, BC status is fluid and variable. Relevant extracts of the judgment
read as under: –
“51. It is also very well settled that if there are relevant
rules which prescribe the date on which the eligibility should
be possessed, those rules will prevail. In the absence of rules
or any other date prescribed in the prospectus/advertisement
for determining the eligibility, there is a judicial chorus
holding that it would be the last date for submission of the
application. (See Rekha Chaturvedi v. University of
Rajasthan [Rekha Chaturvedi v. University of Rajasthan,43 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`CWP-17852-2024 & connected cases -44-
1993 Supp (3) SCC 168 : 1993 SCC (L&S) 951]
; Bhupinderpal Singh v. State of Punjab [Bhupinderpal
Singh v. State of Punjab, (2000) 5 SCC 262 : 2000 SCC
(L&S) 639] ; Ashok Kumar Sonkar v. Union of India [Ashok
Kumar Sonkar v. Union of India, (2007) 4 SCC 54 : (2007) 2
SCC (L&S) 19].)
XXXX XXXX XXXX XXXX
63. Apart from all of this, the correctness of Ram Kumar
Gijroya case [Ram Kumar Gijroya v. Delhi Subordinate
Services Selection Board, (2016) 4 SCC 754 : (2016) 1 SCC
(L&S) 742] was referred to a three-Judge Bench in Karn
Singh Yadav [Karn Singh Yadav v. State (NCT of Delhi),
(2024) 2 SCC 716 : 2020 SCC OnLine SC 1472] . A perusal
of para six of the referral order clearly shows that the Bench
was echoing the ratio of the three-Judge Bench in Ashok
Kumar Sharma case [Ashok Kumar Sharma v. Chander
Shekhar, (1997) 4 SCC 18 : 1997 SCC (L&S) 913] though
there is no express reference to the said case. However, when
the matter came before a three-Judge Bench, the reference
was not answered and even after noticing that Ram Kumar
Gijroya case [Ram Kumar Gijroya v. Delhi Subordinate
Services Selection Board, (2016) 4 SCC 754 : (2016) 1 SCC
(L&S) 742] covered Karn Singh Yadav [Karn Singh
Yadav v. State (NCT of Delhi), (2024) 2 SCC 716 : 2020 SCC
OnLine SC 1472] (two-Judges), the Court, however, denied
relief to Karn Singh Yadav, the petitioner by holding that
since the appellant was never appointed to the post at that
length of time it was not possible to grant any relief to the
appellant. Ram Kumar Gijroya [Ram Kumar Gijroya v. Delhi
Subordinate Services Selection Board, (2016) 4 SCC 754 :
(2016) 1 SCC (L&S) 742] is clearly distinguishable.
64. Be that as it may, we are bound by the judgment of the
three-Judge Bench in Ashok Kumar Sharma [Ashok Kumar
Sharma v. Chander Shekhar, (1997) 4 SCC 18 : 1997 SCC
(L&S) 913] and we follow the said judgment and reiterate the
principle laid down therein. It is also interesting to note that
even in Deepak Yadav [Deepak Yadav v. UPSC, (2022) 14
44 of 47
::: Downloaded on – 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -45-
SCC 448 : (2023) 2 SCC (L&S) 809] , a judgment, strongly
relied upon by the learned counsel for the petitioners, the
principle in Ashok Kumar Sharma [Ashok Kumar
Sharma v. Chander Shekhar, (1997) 4 SCC 18 : 1997 SCC
(L&S) 913] has been reiterated. However, because of what
the Court called an abnormal and cataclysmal year, an
exception was made due to the ongoing pandemic, lockdown
and restrictions imposed thereof. In Alok Kumar Singh [Alok
Kumar Singh v. State of U.P., (2018) 18 SCC 242 : (2019) 2
SCC (L&S) 265] , no rules like the ones present in this case
are shown to have existed. In the present case, there are clear
prescriptions as to eligibility, as has been discussed
hereinabove.
30. The respondent is primarily relying on judgment of Supreme
Court in Divya (supra) to contend that backward class status is fluid and
variable. It may change year to year because it is directly linked with income
and assets of the family. The Court has clearly held that in case certificate is
not uploaded along with the application form, benefit should be denied.
The facts of the instant case are entirely different. In the case in
hand, it is no one’s case that BC certificate was not uploaded. The dispute is
confined to year of the certificate. There is no judgment where condition of
obtaining data from PPP was existing and under consideration of the Court.
As facts of present case are entirely different, the judgments cited by
respondent cannot be relied upon.
31. There is another aspect of the matter which needs to be taken
care of. By way of this bunch of petitions more than thousand candidates
have approached this court. Mistake or negligence may be on the part of one
or few but cannot be on the part of large number of candidates. It shows that
there was mis-communication which led to filing of BC certificates of dates
other than expected by respondent. Merely because of some mis-
45 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -46-
understanding, candidates who are more meritorious should not be deprived
from the post. The petitioners after all are going to hold public post and
selection of less meritorious candidates would be prejudicial to the interest
of public at large.
32. The respondent after last date for filing application, to remove
doubts, made minor corrections in the advertisement. Stand of the petitioners
that they should be permitted to file BC certificates without any cut-off
because respondent has made correction in the advertisement after last date
for filing application is mis-conceived and needs to be rejected. The
respondent for the sake clarity and without prejudice to the interest of
candidates may remove doubts or carry out small repair.
33. In the wake of above facts and findings, the above raised
questions are answered as:
i. In the absence of particular date in the rules or
advertisement, last date prescribed for filing application
for the advertised post is cut-off date. In the instant case,
cut-off date for limited purpose i.e. to upload documents,
was last date notified for filing application. The said date
had no bearing with the date of BC certificate.
ii. BC-A or BC-B certificate filed at the time of CET is
valid for all intent and purposes. The respondent could
not ask for fresh latest BC certificate at the 2nd stage of
selection process. Three financial years came to involved
in view of peculiar facts and circumstances, thus, BC
certificates filed at the time of CET are valid.
46 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
Neutral Citation No:=2025:PHHC:019435
`
CWP-17852-2024 & connected cases -47-
iii. The respondent was bound to verify PPP in the absence
of fresh latest BC certificate.
iv. No candidate could be transposed from BC category to
general category on account of non-submission of fresh
latest BC certificate at the second stage.
34. In the above premise, all the petitions deserve to be allowed and
accordingly allowed. The impugned orders are hereby set aside. To avoid the
filing of further petitions, it is hereby made clear that benefit of this
judgment would be available to all the candidates who have been transposed
from BC to general category. No order as to costs.
35. Pending application(s), if any, stands disposed of.
(JAGMOHAN BANSAL)
JUDGE
05.02.2025
Mohit Kumar
Whether speaking/reasoned Yes
Whether reportable Yes
47 of 47
::: Downloaded on - 10-02-2025 23:17:04 :::
[ad_1]
Source link