Punjab-Haryana High Court
Ankush vs State Of Haryana And Others on 19 February, 2026
CWP-4739-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.130 CWP-4739-2026
Date of Decision: 19.02.2026
Ankush .... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Jasbir Singh Mor, Advocate, for the petitioner.
Mr. Amit Sahni, Additional Advocate General, Haryana,
assisted by Mr. Harmanjit Singh Johal, Advocate.
Ms. Harpriya Khaneka, Advocate,
for respondent no.3-Commission.
TRIBHUVAN DAHIYA, J. (ORAL)
The petition has been filed inter alia seeking a writ of mandamus directing the respondents to interview the petitioner for the post of Assistant Professor (College Cadre) Geography, scheduled to be held between 16 to 26.02.2026, pursuant to advertisement 51/2024, dated 02.08.2024.
2. Learned counsel for the petitioner contended that the petitioner applied for the post in question under EWS category, with DESM as sub-category. He could not be shortlisted for interview under EWS category on the basis of his score in the Subject Knowledge Test. However, his sub- category being DESM, for which nine posts under ESM (horizontal) General category have been advertised, he is entitled to be considered against the same. Only seven candidates have been shortlisted against those posts, as detailed in para 20 of the petition. As per stipulation in the advertisement, the Commission is required to shortlist candidates for interview on the basis 1 of 4 ::: Downloaded on - 21-02-2026 05:31:46 ::: CWP-4739-2026 2 of marks secured in Subject Knowledge Test. And despite the petitioner having secured the minimum required thirty-five per cent marks in the test, he has not been considered against UR-DESM category posts which will remain vacant as the candidates shortlisted under the category are even less than the posts reserved for it.
3. Per contra, learned counsel appearing on behalf of the Commission submits that as per instructions the petitioner's candidature against UR-DESM category posts has not been considered only because he could not be shortlisted under General category on the basis of his score in the Subject Knowledge Test. As per clause 2(d) of the advertisement, candidates equal to two times of the number of advertised posts are to be called for interview, provided they secure minimum cut-off marks of thirty- five per cent. Although the petitioner has secured more than thirty-five per cent marks, he does not fall amongst two times the number of candidates who have been shortlisted for interview based upon their merit positions. She further contended that DESM is a horizontal reservation, and the petitioner can be considered against the post reserved for this category only if he falls within the zone of consideration as a General category candidate, which he does not. In support of the contention, she has relied upon a Division Bench judgment of this Court, dated 06.05.2021, rendered in CWP No.9508 of 2021 titled Balwan Singh and another v. State of Haryana and others, wherein method of giving effect to reservation for horizontal categories has been dealt with.
4. Heard.
5. Considering the submissions, this Court is not inclined to entertain the petition since the petitioner, who is seeking consideration against UR-DESM category posts, is required to be shortlisted for interview on the basis of his merit in the Subject Knowledge Test under General 2 of 4 ::: Downloaded on - 21-02-2026 05:31:47 ::: CWP-4739-2026 3 category. DESM is a horizontal reservation category and nine out of one hundred eighty one posts of General category were reserved for it as per the advertisement. To be considered against the same, the petitioner has to fall within the zone of consideration, i.e., two times the number of advertised posts of General category by securing the minimum required thirty-five per cent marks in the Subject Knowledge Test. He has not secured enough marks in the Test to fall within that zone which denies him consideration against the UR-DESM category posts. Further, he cannot find fault with the process of selection by pointing out that the Commission has shortlisted only seven candidates against nine posts reserved for UR-DESM category. The condition of two times the number of posts applies with reference to the total posts advertised for UR/General category, and not with reference to the posts reserved for horizontal category which are within the vertical category. And as per the settled proposition of law, in case posts of any horizontal reservation category remain vacant, the same are required to be filled by the respective vertical reserved category candidates. In this regard, reference can be made to the following observations made in Balwan Singh case ibid.:
18. The third issue which has been raised in the present writ petition is that reservation for Ex-Servicemen is not being implemented in letter and spirit and to fullest extent as vide the impugned Instructions dated 30.04.2018 (P-13), it has been further provided that in case no Ex-Serviceman candidate with sub-category of vertical reservation is found suitable for appointment in Group A & B category, the vacancies reserved for ESM of that particular category will be filled from amongst the candidates of the concerned sub-category of vertical reservation. To illustrate, if suitable candidates belonging to Scheduled Caste of ESM category is not available, then the posts can be filled up from amongst the candidates of Scheduled Castes.
3 of 4 ::: Downloaded on - 21-02-2026 05:31:47 ::: CWP-4739-2026 4 18.1. The issue, whether the social category candidates (vertical reservation) can fill horizontal category vacancies has been considered by the Supreme Court in Anupal Singh Vs. State of Uttar Pradesh, 2020(2) SCC 173. It was contended before the Court that those unfilled vacancies of horizontal category were filled by vertical reservation candidates/other category candidates, which is in violation of the statutory provisions vitiating the selection process. On behalf of UP Public Service Commission, it was submitted that one of the policies of the State Government regarding horizontal reservation is that, if the suitable candidates for filling the vacancies reserved for such posts of horizontal reservation are not available and the same are not carried forward; they are filled up by other suitable candidates from amongst the candidates belonging to vertically reserved categories according to their merit. The Court recorded its conclusion in the following terms:
"84.6. The filling up of unfilled horizontal reservation by the candidates from the respective vertical reservation is in accordance with the policy of the Government and the same cannot be faulted with."
18.2. Thus, we do not find any fault with the instructions dated 30.04.2018 (P-13) as the State Government is well within its jurisdiction to fill up the posts from amongst the eligible candidates belonging to open/SC/BC category, in case suitable ESM category candidates are not available.
6. Dismissed.
(TRIBHUVAN DAHIYA)
JUDGE
19.02.2026
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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