IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: February 20, 2026 JITENDER KUMAR ...Petitioner Versus HARYANA PUBLIC SERVICE COMMISSION AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Vipin Pal Yadav, Advocate and Mr. Jaskaran Singh Sohal, Advocate for the petitioners.

Mr. Kanwal Goyal, Advocate with Ms. Sheena Dahiya, Advocate and Ms. Komal Klana, Advocate for the respondents-HPSC.

TRIBHUVAN DAHIYA, J. (ORAL)

The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 29.01.2026, Annexure P-12, whereby the respondent/Haryana Public Service Commission has rejected the petitioner’s candidature for the post of Assistant Professor (College Cadre) for the subject of Geography against advertisement 51/2024, on the ground that he did not have the status of Ex-Serviceman on or before the closing date for submission of applications/15.03.2025.

2. Briefly stated, the facts of the case are, the petitioner applied for the post in question as a General/unreserved category candidate with applicable sub-category of Ex-Servicemen (ESM). The application was submitted on the basis of No Objection Certificate (NOC) dated 28.06.2024, Annexure P-1, issued by the defence authorities/Air Force Station, Mount Abu, permitting the petitioner to appear in any competitive examination and apply for any post under the Government while he was serving as Sergeant in the Indian Air Force. Subsequently, he was discharged from the Air Force after rendering twenty years and three days of service, vide discharge certificate dated 30.06.2025, Annexure P-2. On the basis of this NOC, the petitioner applied for the post and participated in the selection process as ESM category candidate; he cleared the Screening Test, as also the Subject Knowledge Test. He was called for document verification but not shortlisted for interview having been declared ineligible for want of a valid ESM certificate, vide impugned letter dated 29.01.2026.

3. In this factual background, learned counsel for the petitioner contended that after permitting the petitioner to participate in the selection process as ESM category candidate, his candidature could not have been rejected at the last stage. He applied for the post on the basis of a valid NOC from the Air Force dated 28.06.2024 and, accordingly, had the status of ESM on the closing date. Further, reliance has been placed on a notification of the Government of India, Ministry of Personnel, P.G. and Pensions, dated 27.10.1986, Annexure P-13, whereby personnel serving in the Armed Forces of the Union are permitted to apply for re-employment one year before the completion of their term of engagement, and avail the concessions meant for Ex-Servicemen. In terms thereof, the petitioner is entitled to be considered as Ex-Serviceman for the post in question.

4. Per contra, learned counsel for the Commission contended that the last date for submission of applications, as extended vide corrigendum dated 24.02.2025, Annexure P-8, was 15.03.2025. In terms of stipulations in the advertisement, all candidates were required to fulfill the essential requirements on the closing date. He referred to the definition of ESM contained in clause 12 and submitted that candidates from the category were required to comply with the requirements as laid down there; the clause reads as under:

12. Definition of Ex-Serviceman (ESM) (As per Haryana Govt. Instructions No. 36034/5/85-Estt. (SCT) dated 14.04.1987, No. 12/99/8-2GSII dated 08.11.1988 and No. 12/18/2006-4GSII dated 08.01.2008) is as under:-

"An ex-serviceman means a person, who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and Air Force of the Indian Union and (I) who retired from such service after earning her/his pension; or (II) who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or oth