Change in category after application, failure to upload relevant documents, and delay in seeking change in category are not permissible.

SUVIR SEHGAL, J.

1. Petitioner has approached this Court inter alia issuance of a writ in the nature of mandamus directing the respondents to take into consideration DESM (Dependent of Ex-Servicemen) Certificate of the petitioner to declare the petitioner successful in the ESM (Ex-Servicemen)/DESM category and to permit her to apply and participate in the recruitment process for Group-C posts under Advertisement No.3/2023 dated 07.03.2023 (Annexure P-12). Another direction has been sought to the respondents to consider and decide the representations dated 27.03.2023 and 07.04.2023 (Annexures P-10 and P-11).

2. Facts leading to filing of the petition are that by notification dated 05.05.2022 (Annexure P-1), Govt. of Haryana notified “Policy for Recruitment to Group C & D Posts through Common Eligibility Test, 2022” which required mandatory registration by the candidates with the respondent-Commission. Petitioner registered herself as an Ex-Serviceman candidate on 27.03.2021. Advertisement No.01/2022 dated 17.06.2022 was issued for holding CET (Common Eligibility Test) for Group-C posts and online applications were invited from desirous candidates. Petitioner applied and appeared in the CET as a General ESM category candidate, but failed to qualify it. Result was declared on 10.01.2023 (Annexure P-6) and the petitioner scored 40.7653983 marks against the requisite qualifying marks of 47.50 in the General category.

3. By making a reference to Eligibility Certificate (Annexure P-5), counsel for the petitioner urges that the petitioner was an eligible DESM candidate, but due to a poor network, she could not upload the requisite document when opportunities were provided by the respondent-Commission in the month of February and March, 2023 for modification of the uploaded particulars. It has been submitted that petitioner’s grandfather expired on 11.02.2023 and the petitioner was in a mentally disturbed state of mind. She visited the office of respondent-Commission and submitted a representation dated 27.03.2023, which was followed by a reminder dated 07.04.2023 (Annexures P-10 and P-11) to get herself registered as a DESM candidate, but to no avail. Counsel submits that now the Commission has issued advertisement bearing No.3/2023 dated 07.03.2023 (Annexure P-12) informing successful candidates that written examination/skill test is to be held and they should apply for the same. He submits that as the closing date for submission of application has been extended to 05.05.2023, the petitioner should be permitted to participate in the recruitment process in the DESM category.

4. By referring to the stand taken in the short reply filed on behalf of the respondents, State counsel submits that the petitioner is seeking a change in the category after having remained unsuccessful in the written examination. He submits that seven notices were issued and opportunities were given to the candidates to raise their grievances/to correct the uploaded data in the CET score card on the official website but for reasons best known, petitioner did not avail of the opportunity. He has placed reliance upon the instructions in the advertisement as well as judgments to oppose the prayer made in the petition.

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

6. There is no dispute about the factual position. Petitioner had registered herself, applied and appeared in the CET as a General category candidate. Although she claims that she possessed an Eligibility Certificate and was eligible to get herself registered and appear as a DESM candidate, but no reason has been given by her in the writ petition as to why she did not do so. After having participated in the qualifying examination and having failed to score the minimum requisite marks, she has now approached this Court seeking to change the category, which cannot be permitted.

7. Condition No.10.8 in the advertisement specifically provides that