IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BINDUSAR KADIAN – Appellant
Versus
STATE OF HARYANA AND ANR – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Serial No.136 CWP-2116-2026 Decided on:28.01.2026 Bindusar Kadian . . . Petitioner Versus State of Haryana and another . . Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Amanpriye Jain, Advocate for the petitioner.
Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana.
Mr. Kanwal Goyal, Advocate and Ms. Sheena Dahiya, Advocate for respondent no.2.
TRIBHUVAN DAHIYA, J.(ORAL)
The petition has been filed inter alia seeking a writ of certiorari setting aside the screening test result, dated 13.01.2026, Annexure P-3, for the post of PGT (English) pursuant to advertisement 22 of 2024, and allow the petitioner to participate in the next stage of selection, i.e., Subject Knowledge Test, to be held on 01.02.2026.
2. Learned counsel contended that the petitioner applied for the post in question as Ex-Serviceman (ESM) by filling up the application, Annexure P-2, and by mistake mentioned his ‘applicable category’ as per Clause
11(ix)(B)(ii) of the advertisement, which reads as under:
ii) where an ex-servicemen who herself/himself is eligible to avail the benefit of reservation under these instructions but she/he does not want re-employment in civil service in such case one of her/his family members (son, daughter or spouse) will be entitled to avail the benefit of reservation.
He appeared for the screening test but could not find place in the list of shortlisted candidates for the next stage of selection/Subject Knowledge Test, as per the impugned result. He belonged to ESM category and wanted to claim the benefit as well. It was only due to inadvertence that he selected a wrong category while filling up the form. This bona fide mistake should have been ignored while considering his candidature.
3. Learned counsel appearing on behalf of respondent no.2/Commission, submits that as per stipulation in the advertisement, the candidates are required to carefully read the instructions before filling up the online application forms, check all the particulars mentioned therein after getting its printout to ensure that correct information has been given. Only thereafter, the signed and scanned copies of the application forms are required to be uploaded. As per condition laid down in Clause 16(iv), in case a candidate has filled up the form erroneously, he/she has the option to submit another alongwith requisite fee before the closing date; the Clause reads as under:
(iv) Candidate will be responsible for any mistake in the application form and fees paid by her/him. In case candidate feels that she/he has filled up the form erroneously, she/he should fill up a fresh online application form alongwith fresh requisite fee before the Closing Date i.e. 14.08.2024.
The petitioner never did that. He himself indicated the applicable category as per Clause 11(ix)(B)(ii), and gave up the benefit of reservation as Ex- Serviceman. His candidature was accordingly considered under General category which cannot be changed now. Further, the issue has already been considered and decided against the petitioner by the Division Bench in the judgment rendered on 03.11.2025 in LPA-1397-2025 titled Haryana Public Service Commission v. Pardeep Kumar and others.
4. Considering the submissions by learned counsel for the parties, this Court is not inclined to interfere with the matter since, admittedly, the petitioner himself indicated his ‘applicable category’ as per Clause 11(ix)(B)(ii), reproduced hereinbefore. And despite being eligible to claim benefits of reservation as ESM, he voluntarily gave it up which made his family members entitled to the same. In case it was inadvertently done, he had the opportunity to fill up a fresh application form with correct particulars in terms of stipulation in Clause 16(iv). After remaining unsuccessful in the screening test, he cannot be allowed to turn around and seek change of the category. The issue has already been considered in the Pardeep Kumar case (supra),
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