IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMAN KUMARI – Appellant
Versus
HARYANA PUBLIC SERVICE COMMISSION – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: February 05, 2026 SUMAN KUMARI ...Petitioner Versus HARYANA PUBLIC SERVICE COMMISSION ...Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Devender Arya, Advocate for the petitioner.
Mr. Gurnoor Singh Sandhu, Advocate for the respondent-HPSC.
TRIBHUVAN DAHIYA, J. (ORAL)
The petition has been filed seeking a writ of certiorari quashing the office order dated 29.01.2026, Annexure P-18, whereby the petitioner’s candidature as Economically Weaker Section (EWS) category candidate for the post of Assistant Professor (Geography) in response to advertisement 51/2024, dated 02.08.2024, has been rejected on the ground of his failure to upload a valid EWS certificate in terms of stipulations in the advertisement. Further, a writ of mandamus has been sought directing the respondents to consider his candidature for the post.
2. Learned counsel for the petitioner contended that the petitioner applied for the post in question as EWS category candidate, and uploaded a certificate dated 29.04.2024, Annexure P-5, to establish his credentials as the one belonging to the category; the certificate was valid for the year 2024- 2025. He cleared the Subject Knowledge Test and was called for scrutiny of documents on 29.12.2025, where he was confronted with the fact that he did not upload a valid EWS category certificate. The one uploaded by him was meant for job/admission under the Government of India; whereas, as per stipulations in the advertisement, he was required to submit a certificate in terms of Haryana Government instructions dated 25.02.2019 valid for 2024-2025. The petitioner thereupon submitted a valid certificate dated 12.03.2025, Annexure P-14, issued under the said instructions valid for the relevant financial year, still his candidature was rejected vide impugned communication dated 29.01.2026. This is arbitrary for the reason the Commission had extended the closing date for submission of application forms to 15.03.2025, and the certificate submitted had been issued prior thereto. Accordingly, it was required to be considered by the Commission.
3. Learned counsel for the Commission, however, contends that the rejection of the petitioner’s candidature is in line with the law laid down on the issue. He has referred to condition 13 of the advertisement which requires the candidates to furnish EWS category certificate as per Haryana Government instructions dated 25.02.2019, and it also mentions that any old certificate will not be accepted. The condition reads as under:
13. For EWS Category candidates:-
As per Government instructions issued vide No. 22/12/2019-1GS-III dated 25.02.2019, the EWS certificate on prescribed performa should be valid for the year in which the candidates have applied for the post i.e. the said certificate should be valid for the Financial year
2024-2025. Old certificate would not be accepted.
Further, reference has been made to clause 16(vii) of the advertisement, which also stipulates that any document not uploaded along with the application form shall not be entertained. And also to clause 16(ix)(7), which required that scanned copy of a valid EWS certificate was required to be uploaded along with the application form. These clauses read as under:
16. SPECIAL INSTRUCTIONS REGARDING SUBMISSION OF APPLICATIONS:
(i) to (vi) xxx xxx xxx (vii) After successful submission of application, candidates should take the print out of the application form. The hard copy of application form along with all uploaded documents must be brought at the time when called upon to do so by the Commission. No document/s which has/have not been uploaded shall be entertained.
(viii) xxx xxx xxx (ix) Documents to be uploaded with Application Form:
(1) to (6) xxx xxx xxx (7) Scanned copy of EWS certificate valid for year
2024-2025 as per Govt. instruction dated 25.02.2019.
Still further, learned counsel has referred to Corrigendum-II dated 24.02.2025, Annexure P-3, iss
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.