Punjab-Haryana High Court
Jitender Kumar vs Haryana Public Service Commission And ... on 20 February, 2026
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
123
CWP--5332-2026
Date of decision: February 20, 2026
JITENDER KUMAR
...Petitioner
Versus
HARYANA PUBLIC SERVICE COMMISSION AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Vipin Pal Yadav, Advocate and
Mr. Jaskaran Singh Sohal, Advocate
for the petitioners.
Mr. Kanwal Goyal, Advocate with
Ms. Sheena Dahiya, Advocate and
Ms. Komal Klana, Advocate
for the respondents-HPSC.
TRIBHUVAN DAHIYA,
DAHIYA J. (ORAL)
The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 29.01.2026, Annexure P P-12, 12, whereby the respondent/Haryana /Haryana Public Service Commission has rejected the petitioner's candidature for the post of Assistant Professor (College Cadre) for the subject of Geography Geography against advertisement 51/2024, on the ground that he did not have the status of Ex-Serviceman Ex on or before the closing date for submission of applications/15.03.2025.
2. Briefly stated, the he facts of the case are, the petitioner applied for the post in question as a General/unreserved General/ nreserved category candidate with applicable sub-category sub of Ex-Servicemen vicemen (ESM). The application was submitted on the basis of No Objection Certificate (NOC) dated 28.06.2024, Annexure P--1, 1, issued by the defence authorities/Air F Force orce Station, Mount 1 of 8 ::: Downloaded on - 24-02-2026 21:25:51 ::: CWP-5332-2026 -2- Abu, permitting the petitioner to appear in any competitive examination and apply for any post under the Government while he was serving as Sergeant in the Indian Air Force. Subsequently, he was discharged from the Air Force after rendering twenty years and three days of service, vide discharge certificate dated 30.06.2025, Annexure P-2. On the basis of this NOC, the petitioner applied for the post and participated in the selection process as ESM category candidate; he cleared the Screening Test, as also the Subject Knowledge Test. He was called for document verification but not shortlisted for interview having been declared ineligible for want of a valid ESM certificate, vide impugned letter dated 29.01.2026.
3. In this factual background, learned counsel for the petitioner contended that after permitting the petitioner to participate in the selection process as ESM category candidate, his candidature could not have been rejected at the last stage. He applied for the post on the basis of a valid NOC from the Air Force dated 28.06.2024 and, accordingly, had the status of ESM on the closing date. Further, reliance has been placed on a notification of the Government of India, Ministry of Personnel, P.G. and Pensions, dated 27.10.1986, Annexure P-13, whereby personnel serving in the Armed Forces of the Union are permitted to apply for re-employment one year before the completion of their term of engagement, and avail the concessions meant for Ex-Servicemen. In terms thereof, the petitioner is entitled to be considered as Ex-Serviceman for the post in question.
4. Per contra, learned counsel for the Commission contended that the last date for submission of applications, as extended vide corrigendum 2 of 8 ::: Downloaded on - 24-02-2026 21:25:51 ::: CWP-5332-2026 -3- dated 24.02.2025, Annexure P-8, was 15.03.2025. In terms of stipulations in the advertisement, all candidates were required to fulfill the essential requirements on the closing date. He referred to the definition of ESM contained in clause 12 and submitted that candidates from the category were required to comply with the requirements as laid down there; the clause reads as under:
12. Definition of Ex-Serviceman (ESM) (As per Haryana Govt. Instructions No. 36034/5/85-Estt. (SCT) dated 14.04.1987, No. 12/99/8-2GSII dated 08.11.1988 and No. 12/18/2006-4GSII dated 08.01.2008) is as under:-
"An ex-serviceman means a person, who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and Air Force of the Indian Union and (I) who retired from such service after earning her/his pension; or (II) who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or (III) who has been released otherwise than on his own request from such service as a result of reduction in establishment; or (IV) who has been released from such service after completing the specific period of engagements, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, and has been given a gratuity; and includes personnel of the Territorial Army of the following categories namely:-
Pension holders for continuous embodied service,
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(a) ESM candidates of Haryana claiming benefit under this category must have valid Ex-Serviceman Certificate issued by ZilaSainik Board showing the date of entry into military and date of release, on the Closing Date i.e. 27.08.2024 fixed for submission of online applications and will have to produce the same as and when required by the Commission.
Learned counsel also contended that vide corrigendum dated 24.02.2025, the ESM category candidates were again asked to upload the requisite documents in support of their claim. The relevant clause of the corrigendum to that effect is as follows:
C. ESM/DESM category candidates
1. ESM/DESM Candidates who have already
applied:-
(a) The candidate belonging to ESM category who
have already submitted their application in response to Advertisement No.42 to 67 of 2024 are directed to upload copy of thie Identity Card issued by Zila Sainik Board. The ESM ID Card No., Date of Issue of ESM ID Card and Date of Discharge from service should be entered in the online application portal.
Since the petitioner was not an Ex-Serviceman on the closing date, and was discharged from the Air Force much later, his candidature was rightly rejected vide the impugned order.
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5. Heard.
6. It remains a conceded position on record that the petitioner was discharged from the Air Force on 30.06.2025 and attained the status of Ex-Serviceman with effect from 01.07.2025. As per stipulations in the advertisement, as reproduced hereinbefore, an Ex-Serviceman means a person who has served in any rank in the regular Army, Navy or Air Force of the Indian Union and has retired or been released therefrom. A certificate to that effect issued by the concerned Zila Sainik Board was also required to be in possession of the ESM category candidates on the closing date, to be produced as and when required by the Commission. In terms of these stipulations, the petitioner did not acquire the status of ESM on the closing date/15.03.2025, as he was released from the Air Force subsequently on 30.06.2025. He cannot claim that status on the basis of NOC, dated 28.06.2024, issued to him to apply for the post in question, as it cannot have any overriding effect on the stipulations in the advertisement defining the status of Ex-Servicemen. Even otherwise, an NOC is only a permission granted to serving personnel to apply for any Government post and has no concern with the recruitment process or the conditions based upon which the candidates have to be selected. Still further, the reliance placed upon the notification dated 27.10.1986, issued by the Government of India, is also misplaced since, firstly, it has not been made applicable to the selection process in question. It does not find mention in the advertisement, nor have the candidates of ESM category been extended any benefit in terms therewith. Secondly, the explanation contained in the notification stipulates, 5 of 8 ::: Downloaded on - 24-02-2026 21:25:51 ::: CWP-5332-2026 -6- '(t)he persons serving in the Armed Forces of the Union, who on retirement from service would come under the category of 'ex-Servicemen' may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to ex-Servicemen but shall not be permitted to leave the uniform until they complete the specified term of engagement in the Armed Forces of the Union'. Apparently, it is to give permission to the serving personnel of the Armed Forces of the Union to apply for re-employment one year before completion of their specified term of engagement and avail the available concessions meant for Ex-Servicemen. However, possessing the status of ESM on the closing date for submission of applications is an essential requirement of eligibility in terms of the advertisement, which cannot be termed a concession available to the Ex-Servicemen. 6.1 Further, a reference can be made to law laid down by the Supreme Court in Civil Appeal No.7069 of 2023 titled Sudhir Singh and others v. State of U.P. and others, holding that a candidate not possessing essential qualification of being Ex-Servicemen on the relevant/closing date cannot be considered eligible for the post. The relevant paragraph reads as under:
14. Having bestowed anxious thought and consideration to the rival submissions at the Bar combined with a careful perusal of the record, we are unable to find any error in the Impugned Judgment passed by the High Court, much less any illegality, warranting our interference. It is well- settled that the basic question on eligibility has to be determined on the basis of the 6 of 8 ::: Downloaded on - 24-02-2026 21:25:51 ::: CWP-5332-2026 -7- cut-off date/point of time which stands crystalized by the date of the advertisement itself, being the last date of submission of application forms, unless extended by the authority concerned.
In the present scenario, none of the appellants can be said to have been Ex- Servicemen at the time of the advertisement in question, as, undisputedly, they were still in service. This Court has also examined the relevant rules and even the clarification(s) to the advertisement. We are afraid that they do not indicate that the appellants can be deemed Ex-Servicemen from a prospective date, despite being in actual service on the relevant date. As such, in the case at hand at least, there is no concept of serving personnel being deemed Ex-Servicemen. It would not be proper for this Court to hold or interpret otherwise. Arguendo, if we were to venture down such a path, it would be unjust to a large number of others similarly placed as the appellants, who were not Ex-Servicemen as on the date of advertisement but came under the category later, but did not apply at the relevant time. This concern has not emanared for the first time. In Rakesh Kumar Sharma v. State (NCT of Delhi), (2013) 11 SCC S8, this Court observed:
'22. It also needs to be noted that like the present appellant there could be large number of candidates who were not eligible as per the requirement of rules/advertisement since they did not possess the required eligibility on the last date of submission of the application forms. Granting any benefit to the appellant would be violative of the doctrine of equality, a backbone of the fundamental rights under our Constitution. A large number of such candidates may not have applied considering themselves to be ineligible adhering to the statutory rules and the terms of the advertisement.'
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7. In view of the discussion, there is no merit in the petition, and it stands dismissed.
February 20, 2026 (TRIBHUVAN DAHIYA)
Jaspreet Kaur JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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