JUDGMENT :

Jagmohan Bansal, J.

As common issues are involved in both 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-20048-2024.

2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of notice dated 12.08.2024 (Annexure P-12) whereby respondent has short-listed candidates from ex-servicemen category for written test to be held on 17.08.2024 and 18.08.2024.

3. The petitioners are dependents of Ex-servicemen. They are eligible for reservation under ex-servicemen category. The respondent conducted Common Eligibility Test (for short 'CET') on 05.11.2022 & 06.11.2022. The result was declared on 10.01.2023. The name of the petitioners figured in the list of qualified candidates. It is apt to notice that petitioners had applied under Reserved Category, thus, they were required to secure minimum 40% marks. Apart from the petitioners, disabled ex-servicemen and their dependents participated in the test. The respondent vide advertisement dated 28.06.2024 invited applications for different posts. As per advertisement, the respondent had to select four times of advertised posts amongst CET qualified candidates. The respondent category wise selected candidates four times of advertised posts. In case of candidates belonging to ex-servicemen category, the priority was assigned to disabled ex-servicemen and their family members at the stage of short-listing of candidates amongst ex-servicemen. The petitioners are dependents of ex-servicemen and respondent as per its opinion selected disabled ex-servicemen and their dependents despite their lower merit in the CET.

4. The list of short-listed candidates was uploaded on the official website of the respondent on 12.08.2024. Amended list was uploaded on 14.08.2024. The petitioners approached this Court on 14.08.2024 and following interim order came to be passed: -

"Learned counsel for the petitioners has submitted that it is a case where the petitioners had applied in the category of dependent of Ex-Servicemen and by virtue of Clause 7.7 of the conditions at the time of short-listing, no prioritization can be made and he referred to Clause E & H of the aforesaid conditions and has also referred to the instructions issued by the Chief Secretary to Government of Haryana which is Annexure P-6 dated 09.03.2022 and these instructions have been incorporated in the advertisement itself. He further submitted that the prioritization can only be done at the time of final selection and not at the time of short-listing and in case the short-listing is done at the initial stages, then the zone of consideration is narrowed down and the petitioners will be debarred even from participating in the selection process. He further submitted that the written examination will be conducted on 17th and 18th August, 2024.

Notice of motion.

Ms. Shruti Jain Goel, Senior DAG, Haryana accepts notice on behalf of the respondent-State and prays for some time to file reply.

Adjourned to 24.09.2024.

It is directed that the petitioners shall be permitted to participate in the process provisionally. However, it is made clear that the aforesaid interim order will not create any equitable right in favour of the petitioners at the time of final disposal of the present petition.

5. In view of aforesaid interim order, the petitioners participated in the written test conducted pursuant to advertisement dated 28.06.2024. Final result has been declared on 17.10.2024. CWP No.275-2025 was filed on 18.12.2024 i.e. after declaration of the result. The petitioner of this petition did not participate in the written test.

6. Mr. Rajat Mor, learned counsel for the petitioners submits that respondent with respect to reservation of ex-servicemen issued instructions dated 09.03.2022 (Annexure P-6) which are part of aforesaid advertisement. The instructions clearly pr