IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 21.02.2025 NIRBHAY KUMAR BHARDWAJ AND OTHERS ….PETITIONERS Vs.

STATE OF HARYANA AND OTHERS ...RESPONDENTS Sr. Case Nos. Name of parties No

2. CWP-13048-2023 SACHIN KUMAR V/S STATE OF HARYANA AND OTHERS

3. CWP-13490-2023 VIJENDER AND OTHERS V/S STATE OF (O&M) HARYANA AND OTHERS

4. CWP-7134-2023 PINKI AND OTHERS V/S STATE OF (O&M) HARYANA AND OTHERS

5. CWP-8694-2023 ATUL GATHANIA AND OTHERS V/S STATE (O&M) OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Rahul Sharma-I, Advocate for the petitioners in CWP-7059-2023.

Mr. Rajat Mor, Advocate and Ms. Surya Dhanda, Advocate for the petitioner(s) in CWP-7134-2023.

Mr. A.S. Nirmaan, Advocate for the petitioner in CWP-13048-2023.

Mr. Jasbir Mor, Advocate for the petitioners in CWP-8694-2023.

Ms. Shruti Jain Goel, Sr. DAG, Haryana. Mr. B.R. Mahajan, Senior Advocate with Ms. Nikita Goel, Advocate for respondent No. 3 in CWP-7059 and 7134 of 2023 Ms. G.K. Mann, Sr. Advocate with Mr. Gursharan Singh, Advocate and Ms. Simrat Kaur, Advocate For respondents No. 5 to 12 in CWP-8694-2023.

Mr. Akshaydeep Singh Balyan, Advocate for respondent No.3 in CWP-13048-2023.

Mr. Anuj Garg, Advocate, Mr. Himanshu Bansal, Advocate and Mr. Yashveer, Advocate for respondents No. 4 to 11 in CWP-7059-2023.

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JAGMOHAN BANSAL, J (ORAL)

1. By this common order, above-said petitions are hereby disposed of since issues involved in the above captioned petitions and prayer sought therein are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-7059-2023.

2. The petitioners through instant petition under Article 226 of the Constitution of India are seeking setting aside of advertisement No. 3/2023 dated 07.03.2023 (Annexure P-6) whereby 33 posts of Seed Certification Officer (for short ‘Seed Officer’) in the Haryana State Seed Certification Agency were advertised along with other posts.

3. The respondent by notification dated 05.05.2022 issued a detailed procedure with respect to CET. The said notification clearly provides that for Group C & D posts, the aspirants would be required to qualify CET. A candidate can apply for the post, if he has qualified CET. In clause 7, a detailed procedure has been prescribed. Relevant extracts of the notification dated 05.05.2022 are reproduced as below: -

“No. 42/119/2019-5GS-I.— Whereas fair and reasonable process of selection to posts subject to the norm of equality of opportunity under Article 16(1) of the Constitution of India is a constitutional requirement.

Whereas with a view to secure and sustain the confidence of the public in general and to ensure credible and trustworthy recruitments to Government posts, the Government of Haryana proposes to introduce a Common Eligibility Test to simplify and standardize the recruitment process for Government employment to all direct recruitment to Group C posts including the posts of Police service, Prisons and Home Guards etc. but excluding the teaching posts and all direct recruitment to Group D posts other than the posts where minimum educational qualification is below Matriculation in the Haryana Group D Employees (Recruitment and Conditions of Service) Act, 2018 (5 of 2018). This test shall be held once every year or as decided by the Government from time to time. In supersession of Haryana Government, General Administration Department (in General Services-I Branch), Notification No. 42/119/2019-5GS-I, dated the 10th September, 2021, the State Government is pleased to declare the following policy for recruitment through the Common Eligibility Test, namely:-

1. SHORT TITLE AND APPLICABILITY.

(i) This policy may be called the Policy for Recruitment to Group C and D posts through Common Eligibility Test, 2022.

(ii) It shall apply to direct recruitment to Group C posts including the posts of Police service, Prisons and Home Guards etc. excluding the teaching posts and Group D posts other than those posts where minimu