JUDGMENT :

Jagmohan Bansal, J.

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 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. 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 cutoff 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.

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 Pari