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2026 Supreme(Online)(P&H) 79396

CWP-17320-2026


2026:PHHC:084769


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


139 CWP-17320-2026


Date of decision: 27.05.2026


Chetan Walia

.....Petitioner

VERSUS

State of Haryana and others

.....Respondents


CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR


Present : Mr. Anshul Mangla, Advocate

for the petitioner.

Mr. Piyush Khanna, Addl. AG Haryana

for respondents No.1 and 2.

Mr. Vikrant Pamboo, Advocate

for respondent No.3.

****

HARPREET SINGH BRAR, J. (Oral)

1. The present petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned order dated 17.04.2026 (Annexure P-1), whereby the petitioner has been held ineligible for the post of Accountant. A further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to issue an appointment letter to the petitioner for the post of Accountant and to keep one post vacant during the pendency of the present writ petition.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner had applied for the post of Accountant (M.C.) pursuant to Advertisement No. 07/2015 dated 10.07.2015. As per the advertisement, the essential qualifications prescribed for the said post were B.Com. along with a six-month computer course certificate from a recognized institution. It is submitted that the petitioner possesses a B.Com., wherein he studied Computer Application for three years. Thereafter, he also obtained an M.Com., wherein he studied Computers for one year. Apart from the same, the petitioner also completed PGDIM course during the session 2008-2010, wherein he studied computers for six months. Besides this, the petitioner also obtained a computer course certificate from a local institute for the session 2014-2015. Learned counsel submits that the petitioner, thus, possessed qualifications much higher and more comprehensive than the requirement prescribed under the advertisement.

2.1. Learned counsel for the petitioner further contends that the petitioner participated in the selection process and successfully cleared the written examination as well as viva voce. The petitioner secured 140 marks in the written examination and 10 marks in viva voce, thereby obtaining total 150 marks, whereas the last selected candidate in the general category had secured only 144 marks. Despite the petitioner being more meritorious, his candidature was rejected on the ground that he did not possess a computer course certificate from a recognized institution.

2.2. Learned counsel for the petitioner submits that aggrieved against the rejection of his candidature, the petitioner along with other similarly situated candidates approached this Court by way of CWP No. 22811 of 2018, which came to be disposed of on 29.05.2025 with a direction to the respondents to pass a speaking order after granting personal hearing to the petitioner. Pursuant thereto, the petitioner appeared before the competent authority on 14.10.2025 and submitted a detailed representation. However, without properly appreciating the qualifications possessed by the petitioner, respondent No.2 again rejected his claim vide impugned order dated 17.04.2026.

2.3. Learned counsel for the petitioner further contends that the controversy involved in the present case is squarely covered by the judgment rendered by this Court in “Neha Khurana vs. State of Haryana” (CWP No. 23042 of 2018, decided on 30.10.2023), wherein it has been conclusively held that graduation/post-graduation with computers is a much higher and comprehensive qualification than a mere six-month computer certificate course and, therefore, candidates possessing such higher qualifications cannot be held ineligible. It is thus contended that the impugned order rejecting the candidature of the petitioner is wholly arbitrary, illegal and unsustainable in the eyes of law.

2.4. Learned counsel for the petitioner has further placed reliance upon the judgment rendered by a Co-ordinate Bench of this Court in CWP 21768-2018 titled as Jyoti vs. State of Haryana and others, decided on 26.05.2023, and submits that the issue involved in the present petition already stands settled by the aforesaid judgment. The respondent preferred intra Court appeal which came to be dismissed vide order dated 21.11.2023 passed in LPA-1815-2023. The respondent preferred SLP (Civil) Diary No.7706 of

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