IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 26^th February, 2026.

JITENDER KUMAR .…...Appellant(s)

V/s HARYANA PUBLIC SERVICE COMMISSION AND OTHERS ......Respondent(s)

CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present Mr. Vipin Pal Yadav, Advocate, Mr. J.S. Sohal, Advocate, Ms. Avakshi Sharma, Advocate and Mr. Mavi Singh, Advocate, for the appellant.

Mr. Kanwal Goyal, Advocate for the respondent-HPSC.

Mr. Rajesh Gaur, Addl. A.G., Haryana.

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ASHWANI KUMAR MISHRA, J. (Oral)

1. This Appeal assails judgment dated 20.02.2026 passed by the learned Single Judge, whereby the appellant has been held ineligible for appointment to the post of Assistant Professor (College Cadre) in Geography pursuant to the advertisement in question.

2. Admittedly, the appellant claimed the status of an ex-serviceman and sought appointment to the concerned post against advertisement No. 51/2024. The last date for making of the application was 15.03.2025. It is undisputed that on that day, the appellant was in service ‑

and he retired only on 01.07.2025. The respondent authorities have, therefore, declined the candidature of the appellant, and this view has been affirmed by the learned Single Judge, as reflected in paragraph 6 of the impugned order, which reads as under:—

“6. It remains a conceded position on record that the petitioner was discharged from the Air Force on 30.06.2025 and attained the status of Ex-Serviceman with effect from 01.07.2025. As per stipulations in the advertisement, as reproduced hereinbefore, an Ex-Serviceman means a person who has served in any rank in the regular Army, Navy or Air Force of the Indian Union and has retired or been released therefrom. A certificate to that effect issued by the concerned Zila Sainik Board was also required to be in possession of the ESM category candidates on the closing date, to be produced as and when required by the Commission. In terms of these stipulations, the petitioner did not acquire the status of ESM on the closing date/15.03.2025, as he was released from the Air Force subsequently on 30.06.2025. He cannot claim that status on the basis of NOC, dated 28.06.2024, issued to him to apply for the post in question, as it cannot have any overriding effect on the stipulations in the advertisement defining the status of Ex- Servicemen. Even otherwise, an NOC is only a permission granted to serving personnel to apply for any Government post and has no concern with the recruitment process or the conditions based upon which the candidates have to be selected. Still further, the reliance placed upon the notification dated 27.10.1986, issued by the Government of India, is also misplaced since, firstly, it has not been made applicable to the selection process in question. It does not find mention in the advertisement, nor have the candidates of ESM category been extended any benefit in terms therewith. Secondly, the explanation contained in the notification stipulates, (t)he persons serving in the Armed Forces of the Union, who on retirement from service would come under the category of ‘ex- Servicemen’ may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to ex- Servicemen but shall not be permitted to leave the uniform until they complete the specified term of engagement in the Armed Forces of the Union’. Apparently, it is to give permission to the serving personnel of the Armed Forces of the Union to apply for re-employment one year before completion of their specified term of engagement and avail the available concessions meant for Ex-Servicemen. However, possessing the status of ESM on the closing date for submission of applications is an essential requirement of eligibility in terms of the advertisement, which cannot be termed a concession available to the Ex-Servicemen.

6.1 Further, a reference can be made to law laid down by the