Once a candidate has competed in a particular category, the same cannot be changed at a belated stage.

JUDGMENT :

Harsimran Singh Sethi, J.

1. In the present petition, the grievance of the petitioner is that the petitioner be allowed to change his category from General to Economic Weaker Section (EWS) and allow him to particular further in the selection process for the post in question.

2. It may be noticed that the respondents had issued an advertisement for conducting common eligibility test for group C posts, copy of which has been appended as Annexure P-1.

3. In the present case, in pursuance to the said advertisement, the petitioner filled-up the application form in a General category so as to allow him to compete in the said category which application was accepted by the respondents. The petitioner appeared in the common eligibility test which was conducted by the respondents to shortlist the candidates for the post in question. The petitioner appeared in the common eligibility test as a general category candidate and obtained 46.5 marks. The last candidate in the general category who has been shortlisted for further participation in the selection process for the post in question, has secured 47.5 marks, but the petitioner was not shortlisted for further selection process as he did not secure the minimum marks that was required for in order to be shortlisted for further selection process.

4. The petitioner, thereafter, raised the grievance that the petitioner's category should be changed from General to economic weaker section keeping in view the public notice dated 11.01.2023 as well as 01.02.2023 (Annexure P-3).

5. Learned counsel for the petitioner refers to the judgment of Hon'ble 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 and the judgment of the Co-ordinate Bench of this Court passed in CWP No. 10407 of 2019, titled as Kaptan Singh and another v. Union of India and others, decided on 30.08.2019 to support his claim.

6. The grievance of the petitioner is that the petitioner has not been allowed to change his category from general category to Economic Weaker Section category, which is causing prejudice to the petitioner.

7. I have heard learned counsel for the petitioner and have gone through the case file with his able assistance.

8. It is a conceded fact that the petitioner filled up the application form for the post in question in which he claimed to compete under the general category. The petitioner appeared in the common eligibility test also under the general category but after being unable to secure the minimum marks required to clear common eligibility test in general category, the petitioner is now raising a grievance with regard to the fact that as he has obtained 46.5 marks and he also belongs to the category of EWS, for which the cutt-off is 38 marks, the petitioner be allowed to change his category from general category to EWS category. The said prayer of the petitioner cannot be accepted for the reasons is that once the petitioner has applied in a particular category, the same has to be taken into account while proceeding with the selection process for the post in question.

9. Further, the petitioner has already appeared in the common eligibility test under general category candidate and where his candidature has already been considered under general category and he has not been found eligible to compete further. That being the position, the petitioner cannot be allowed to change his category at this belated stage. As per the judgment of the Honb’le Supreme Court of India in Civil Appeal No. 198 of 2005, titled as J & K Public Service Commission v. Israr Ahmad and others, decided on 07.01.2005, once a candidate has competed in a particular category, same cannot be changed at a belated stage. Relevant paragraph of the judgment is as under:

"6. We have considered the rival contentions advanced by both the parties. The contention of the first respondent cannot be accepted as he has not applied for the selection as a candidate ent