A candidate cannot change their category during the selection or recruitment process.

SUVIR SEHGAL, J.

1. By way of present petition filed under Articles 226/227 of the Constitution of India, petitioner has inter alia sought issuance of a writ in the nature of mandamus directing the respondent to correct the category of the petitioner as EWS (Economically Weaker Section) from General Category.

2. Brief facts may be noticed. Vide notification dated 10.09.2021, (Annexure P-5), Government of Haryana introduced a Common Eligibility Test (CET) to be conducted by Haryana Staff Selection Commission for recruitment to Group-C and D posts. There was a requirement for mandatory registration with the Commission. Petitioner got himself registered on the portal of the commission (Annexure P-6) in the General category. Vide advertisement bearing CET 01-2022 (Annexure P-7), Commission informed the desirous candidates about the holding of CET and online applications were invited from them on or before 08.07.2022. This date was subsequently extended to 10.07.2022. Petitioner filled the application form and appeared in the eligibility test. As per the result declared on 10.01.2023, (Annexure P-10), petitioner secured 46.7993126 marks and was declared not qualified in the General category.

3. Counsel for the petitioner contends that the petitioner, who was desirous of being appointed as a Veterinary Livestock Development Assistant (VLDA) belongs to EWS category. Although, counsel submits that the petitioner possesses EWS certificate for the year 2019-2020 (Annexure P-1), but due to COVID, subsequent certificates were not issued and when he was given a certificate for the year 2021-2022 on 27.09.2021, (Annexure P-2), he submitted representation dated 05.04.2023 as well as a notice of demand of justice on 06.04.2023 (Annexures P-13 and P-14), but they have not been attended to. He submits that in the meantime by advertisement No.3/2023 (Annexure P-12), Commission has issued notice informing the successful candidates that written examination/skill test is to be held and they should apply for the same. Counsel submits that if the petitioner is permitted to change his category to EWS, he will be considered as eligible as the minimum requisite marks for an EWS candidate have been prescribed as 40%. He has placed reliance upon the judgment of Hon’ble Supreme Court in Ram Kumar Gijroya vs Delhi Subordinate Services Selection Board and Another (2016) 4 SCC 754 as well a judgment of a Division Bench of this Court in CWP No.23185 of 2014 titled as Usha Dhillon vs State of Haryana and others, decided on 15.12.2014 (Annexure P-16) to urge that any mistake committed at the time of online submission of application form is bonafide and the same deserves to be corrected.

4. On basis of advance copy having been served upon the Commission, learned State counsel has assisted the Court after getting instructions. He has argued that no change in category can be permitted at this late stage. Reliance has been placed by him upon instructions mentioned in the advertisement as well as upon the judgments passed by the Hon’ble Supreme Court and this Court.

5. I have considered the respective submissions made by counsel for the parties and examined the material placed on record.

6. Conceded position is that the petitioner had got himself registered, applied and appeared for eligibility test as a General category candidate. Even though he claims to have acquired the EWS certificate in September, 2021, the same would not come to his aid. There is a categoric condition in the advertisement that category once filled in cannot be permitted to be changed. Condition is reproduced as under.

“10.8 Candidates are advised to fill their application form carefully and correctly such as Name, Father’s/Mother’s name, Date of Birth, Marital Status, Category, Qualification, marks obtained, passing year, photo, Signature, socioeconomic criteria details, fee & other details etc. Candidates are advised to check the spellings as per documents. No request for change of any particular on