IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

1. CWP-34752-2023 (O&M)

Sohan … Petitioner Versus The State of Haryana and others …Respondents

2. CWP-37099-2025 (O&M)

Devender Aggarwal … Petitioner Versus State of Haryana and others …Respondents

3. CWP-37156-2025 (O&M)

Naveen Kumar … Petitioner Versus State of Haryana and others …Respondents Reserved on: 29.01.2026 Pronounced on: 27.02.2026 Uploaded on: 28.02.2026 Whether only the operative part of the judgment is pronounced ? No Whether full judgment is pronounced ? Yes CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Shalender Mohan, Advocate, Dr. Purushotam, Advocate and Mr. Tarun Kumar, Advocate for the petitioner (in CWP-34752-2025).

Mr. Jasbir Singh, Advocate for the petitioner (in CWP-37099-2025).

Mr. Ajit Singh, Advocate for the petitioner (in CWP-37156-2025).

Mr. Vikrant Pamboo, Addl. AG, Haryana.

Mr. Prince Singh, Advocate for respondent No.3 (in CWP-34752-2025).

Mr. Sukhdeep S. Parmar, Advocate for respondent No.2 (in CWP-37099-2025) and for respondent No.3 (in CWP-37156-2025).

Mr. Gurnoor S. Sandhu, Advocate for respondent No.3 (in CWP-37099-2025).

Mr. Randeep Singh Dhakla, Advocate for applicant-proposed respondent No.3 (in CM-1269-CWP-2026 in CWP-37156-2025).

Ms. Sheena Dahiya, Advocate for Mr. Kanwal Goyal, Advocate for respondent-HPSC (in CWP-34752 & 37156-2025).

*******

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 11.0