Punjab-Haryana High Court
Jitender Kumar vs Haryana Public Service Commission And ... on 26 February, 2026
137
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA-574-2026 (O&M)
Date of Decision: 26th February, 2026.
JITENDER KUMAR .......Appellant(s)
V/s
HARYANA PUBLIC SERVICE COMMISSION AND OTHERS
......Respondent(s)
CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA
HON'BLE MR. JUSTICE ROHIT KAPOOR
Present Mr. Vipin Pal Yadav, Advocate,
Mr. J.S. Sohal, Advocate,
Ms. Avakshi Sharma, Advocate and
Mr. Mavi Singh, Advocate, for the appellant.
Mr. Kanwal Goyal, Advocate for the respondent-HPSC.
Mr. Rajesh Gaur, Addl. A.G., Haryana.
****
ASHWANI KUMAR MISHRA, J. (Oral)
1. This Appeal assails judgment dated 20.02.2026 passed by the learned Single Judge, whereby the appellant has been held ineligible for appointment to the post of Assistant Professor (College Cadre) in Geography pursuant to the advertisement in question.
2. Admittedly, the appellant claimed the status of an ex-serviceman and sought appointment to the concerned post against advertisement No. 51/2024. The last date for making of the application was 15.03.2025. It is undisputed that on that day, the appellant was in service and he retired only on 01.07.2025. The respondent‑authorities have, therefore, declined the candidature of the appellant, and this view has been 1 of 8 ::: Downloaded on - 14-03-2026 03:30:00 ::: LPA-574-2026 (O&M) Page 2 of 8 affirmed by the learned Single Judge, as reflected in paragraph 6 of the impugned order, which reads as under:--
"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, (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
2 of 8 ::: Downloaded on - 14-03-2026 03:30:01 ::: LPA-574-2026 (O&M) Page 3 of 8 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 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, 3 of 8 ::: Downloaded on - 14-03-2026 03:30:01 ::: LPA-574-2026 (O&M) Page 4 of 8 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.'
3. Learned counsel for the appellant has taken the Court to, through the Advt. where the definition of "ex-serviceman" refers to a notification dated 14.04.1987. Learned counsel then submits that the notification of 14.04.1987 in fact modifies the previous notification of 27.10.1986, and therefore, such notification should implicitly be read and relied upon.
4 of 8 ::: Downloaded on - 14-03-2026 03:30:01 ::: LPA-574-2026 (O&M) Page 5 of 8
4. The notification dated 14.04.1987, issued by the Ministry of Personnel Public Grievances & Pensions, Department of Personnel & Training, referred to in the advertisement, has been annexed by the appellant in this Appeal as Annexure A-1. Learned counsel for the appellant also places reliance upon a judgment allegedly passed by this Court in the name of Ravinder and Others Vs. Haryana Public Service Commission, which neither contains the number of case nor refers to any citation.
5. Learned counsel for the respondent-HPSC, however, points out that the notification dated 14.04.1987, which is contained in Annexure A-1, referring to the definition of "ex-servicemen" in fact relates to a different notification of the Haryana Government and not of the Central Government. Clause 12 of the Advt., defining the ex-servicemen 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 5 of 8 ::: Downloaded on - 14-03-2026 03:30:01 ::: LPA-574-2026 (O&M) Page 6 of 8 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, Persons with disability attributable to military service; and Gallantry award winners."
a) ESM candidates of Haryana claiming benefit under this category must have valid Ex-Serviceman Certificate issued by Zila Sainik 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.
b) Dependents of Ex-serviceman (DESM) candidates will be considered as General / SC / BC-A / BC-B Category (their own category) candidates for all intents and purposes. However, in case of non-availability of suitable Ex-Servicemen (ESM) of Haryana, their dependent sons and daughters of the same category who fulfill all the conditions of qualifications, age etc. prescribed for the posts in question will also be considered on merit against the reserved posts for ESM and this entitlement would be available to one dependent child only. Dependents of Ex-serviceman (DESM) of Haryana claiming benefit must have valid eligibility certificate issued by Zila Sainik Board on the last date of submission of online application form."
6. Learned counsel for the respondent-HPSC has also placed on record a notification dated 04.10.2012 of the Ministry of Personnel, Public Grievance and Pensions, whereby the definition of ex-Servicemen in the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 has been substituted/amended by the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012 and there is no clause that provides for preponing the date of superannuation by one year from the actual date of retirement. He also 6 of 8 ::: Downloaded on - 14-03-2026 03:30:01 ::: LPA-574-2026 (O&M) Page 7 of 8 relied upon judgment of the Hon'ble Supreme Court in Sudhir Singh and Others Vs. State of U.P. and Others ; 2023 INSC 960, wherein the NOC issued by the Army authorities and its implication has been considered by the Hon'ble Supreme Court to hold that the eligibility for recruitment will have to be tested on the last date of making of the application itself.
7. Reliance is also placed upon the observations of the Hon'ble Supreme Court in Para 15 of Sudhir Singh and Others (Supra), which reads as under:-
"15. This Court would pause to state that the position discussed in the preceding paragraph is logical on the simple premise that even if a certification is given to a person indicating a prospective date till when he would be in employment, circumstances could intercede between prospective lath certificate and the prospective date of retirement/resignation/ relieving indicated therein. Illustratively, if for any reason there is a proceeding/charge pending against the person(s) concerned and/or there are circumstances for which the person cannot be relieved from his post till conclusion of such proceedings or otherwise, such date indicated in the certificate cannot be taken as the date of being finally and actually relieved from service. However, in the instant situation, such date is also prospective and much later to the date on which the applications were invited and even till the last date of submission of the application forms. Thus, on this count alone, the appellants' claim of a right to consideration under the Ex- Servicemen category fails."
8. Having gone through the materials placed on record, we find that the issue with regard to the eligibility of a candidate will have to be tested with reference to the provisions of the applicable service Rules as also the advertisement pursuant to which the candidate has applied. It is 7 of 8 ::: Downloaded on - 14-03-2026 03:30:01 ::: LPA-574-2026 (O&M) Page 8 of 8 undisputed that Clause 12 of the advertisement specifically defines the "ex-servicemen" meaning the person who has already retired from service. This Clause in the advertisement was not under challenge. Even otherwise, we find that a serving employee was not eligible to apply against the advertisement either as per the advertisement or under the Rules.
9. The reference to the provisions of the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 does not carry much weight in view of the fact that the applicable instructions would be the notification of 04.10.2012 in which there exist no clause which helps the cause of the appellant. Even otherwise, we are doubtful of the applicability of such provisions when it relates to employment in the State of Haryana.
10. We are, thus, in respectful agreement with the view taken by the learned Single Judge to non-suit the appellant. The Appeal is dismissed accordingly.
11. All pending applications, if any, in this case are dismissed of accordingly.
[ASHWANI KUMAR MISHRA] JUDGE [ROHIT KAPOOR] JUDGE February 26, 2026 Ess Kay Whether speaking / reasoned : Yes / No Whether Reportable : Yes / No 8 of 8 ::: Downloaded on - 14-03-2026 03:30:01 :::