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2026 Supreme(P&H) 370

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
HARPREET SINGH BRAR, J.
Sohan - Petitioner
Versus
The State Of Haryana And Others - Respondents
CWP-34752, 37099, 37156-2025
Decided On : 27-02-2026

Advocates Appeared:
For the Petitioner:Mr. Shalender Mohan, Advocate, Dr. Purushotam, Advocate, Mr. Tarun Kumar, Advocate
For the Respondent:Mr. Prince Singh, Advocate, Ms. Sheena Dahiya, Advocate for Mr. Kanwal Goyal, Advocate

JUDGMENT :

HARPREET SINGH BRAR, J.

1. This common judgment shall dispose of all the abovementioned three writ petitions, as they arise from a similar factual matrix and pose a common question of law. However, for the sake of brevity, the facts are taken from CWP-34752-2025

2. Present writ petition has been filed under Articles 226/227 of the Constitution of India seeking the following:

(i) Issuance of a writ in the nature of certiorari for quashing of impugned advertisement No.04/2025 dated 21.05.2025 (Annexure P-3), vide which no posts under Physically Handicapped (OH) (for short ‘PH(OH)’) category for recruitment as Scientist-B (Group B) in Haryana State Pollution Control Board (HSPCB) were advertised.

(ii) Issuance of a writ the nature of certiorari for quashing of impugned corrigendum dated 25.09.2025 (Annexure P-7), whereby the number of posts for Scientist-B in HSPCB were increased from 05 to 18, but no posts were notified under the PH (OH) category.

(iii) Issuance of writ in the nature of mandamus directing the respondents to accept the candidature of the petitioner in the PH (OH) category for the post of Scientist-B in terms of advertisement No.04/2025 dated 21.05.2025 (Annexure P-3) by creating a post.

(iv) Issuance of a writ in the nature of mandamus directing the respondents to call the petitioner for subject knowledge test and further the selection process by granting him relaxation in the advertisement (Annexure P-3) in terms of the applicable government instructions (Annexures P-18 to P-23).

(v) Issuance of a writ in the nature of mandamus directing the respondents to decide the representation dated 16.06.2025 (Annexure P-6) moved by the petitioner.

FACTUAL BACKGROUND

(i) CWP-34752-2025 [Sohan Singh]

3. Respondent No.2-Haryana Public Service Commission issued advertisement No.04/2025 dated 21.05.2025 (Annexure P-3) for recruitment to the post of Scientist-B (Group B) with respondent No.3- HSPCB. A total of 05 vacancies were notified and the last date for submission of online applications was set as 16.06.2025. However, no posts were reserved for those with a physical disability. Moreover, the post earmarked under the category of PH (OH) vide advertisement No.9/2022, remained vacant and was required to be carried forward in terms of the instructions dated 25.08.2018 and 21.07.2023 issued by the Government of Haryana. Since the needful was not done, the petitioner moved a representation dated 16.06.2025 (Annexure P-4) regarding compliance with Section 34 (2) of the Rights of Persons with Disabilities Act, 2016 (for short ‘RPWD Act’) and the instructions dated 22.10.2013, 25.04.2018, 01.05.2019 and 11.07.2023.

4. Further, the petitioner, being eligible under the General/UR category, applied for the said post and submitted all documents along with his application form dated 16.06.2025 (Annexure P-5). As per the announcement dated 16.07.2025 (Annexure P-6), the selection process would include the following stages - screening test (100 marks), subject knowledge test (150 marks) and interview. Thereafter, the respondent- Commission issued a corrigendum dated 25.09.2025 (Annexure P-7) increasing the number of advertised posts for Scientist-B from 05 to 18. However, no reservation was provided under the PH (OH) category.

5. The petitioner received a letter dated 16.10.2025 (Annexure P-9) stating that in pursuance of his request dated 29.09.2025, the respondent-Commission has forwarded the matter to respondent No.1. Meanwhile, the Screening Test was conducted, which the petitioner did not qualify. Aggrieved by the lack of reserved posts for persons with disabilities as well as the failure of the respondents to relax the standards of selection for such candidate, the petitioner has preferred the present writ petition.

(ii) CWP-37099-2025 [Devender Aggarwal]

6. The respondent-Commission issued Advertisement No.20 of 2025 dated 13.08.2025 (Annexure P-5) for 29 posts of Assistant Environmental Engineer (Group-B) with the respondent-HSPCB, ou

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