Punjab-Haryana High Court
Deepak vs State Of Haryana And Ors on 26 November, 2025
CWP-17160-2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
212 CWP-17160-2017
Date of Decision: 26.11.2025
Deepak ...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: - Mr. Vikas Singh Chawra, Advocate for the petitioner
Mr. Ravi Partap Singh, Deputy Advocate General, Haryana
***
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to disclose reason of rejection of his candidature. He is further seeking direction to respondents to produce his OMR sheet for verification and to include his name in the list of finally selected candidates according to marks secured by him.
2. The petitioner, pursuant to Advertisement No.8 of 2015 dated 19.07.2015, applied for the post of Constable. He applied under Economically Backward Persons in General Category (for short 'EBPG Category'). He did not enclose copy of EBPG Certificate though was having copy of the same. He cleared written test and was called for scrutiny of documents. He did not submit aforesaid certificate at the time of scrutiny of documents, however, was called for the interview. He participated in the interview and respondent, at the time of finalization of result, found that 1 of 5 ::: Downloaded on - 27-11-2025 00:19:15 ::: CWP-17160-2017 -2- petitioner neither has enclosed aforesaid certificate with application form nor submitted the same at the time of scrutiny of documents. As per terms and conditions of the advertisement, he was bound to upload aforesaid certificate along with the application form and produce original at the time of scrutiny of documents. The respondent rejected his claim but did not inform him reason of rejection of his candidature under EBPG category.
3. Learned counsel for the petitioner submits that from the reply of the respondent, it is evident that petitioner's candidature was not considered in the final list on the sole ground of non-submission of EBPG Certificate. He was having copy of the said certificate prior to filing application form. He cannot be deprived from the valuable right of Government job on account of minor procedural mistake. The respondent called him for interview after scrutiny of documents and did not ask to submit copy of certificate at the time of scrutiny. The respondent could ask him to submit the said certificate. Lapse was there on the part of respondent as well.
4. Per contra, learned State counsel submits that terms and conditions of the advertisement are sacrosanct. In the advertisement, it was categorically and repeatedly mentioned that candidates would upload SC/BC/EBPG Certificate along with the application form which was online. They were further required to submit one set of attested copies of certificates at the time of scrutiny of documents. The petitioner failed to submit aforesaid certificate along with the application form as well as during scrutiny of documents, thus, was ineligible under claimed category.
5. I have heard the arguments of learned counsel for both sides and perused the record with their able assistance.
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6. From the perusal of application form, it is evident that the petitioner applied under EBPG Category. He was issued admit card under the said category. He cleared written test and was called for scrutiny of documents as well as interview. He did not enclose EBPG Certificate with the application form. He did not produce said certificate at the time of scrutiny of documents. It appears that respondent, at the time of scrutiny of documents, did not examine the fact that EBPG Certificate is missing. Terms and conditions of the advertisement categorically provide that EBPG certificate must be uploaded with the application form and shall be produced at the time of interview. Relevant extracts of the advertisement are reproduced as below: -
"Note : i) The benefit of reservation will be given only to those SC/BCA/BCB/ EBPG and ESM candidates who are domicile of Haryana State. The SC/BCA/BCB/EBPG candidates are required to submit SC/BCA/BCB/ EBPG Certificate duly issued by the competent authority at the time of interview. DESM shall be required to produce the Valid Eligibility Certificate duly issued by the respective Zila Sainik Board at the time of interview.
XXXX XXXX XXXX XXXX
DOCUMENTS TO BE UPLOADED WITH
APPLICATION FORM
i) Scanned Copy of Essential Qualifications i.e.
Matric showing Date of Birth and mark sheet of Diploma/Degree etc.
ii) Scanned Copy of valid Eligibility Certificate in case of DESM candidates duly issued by the respective Zila Sainik Board.
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iii) Scanned Copy of BCA/BCB/SC/SBC/EBPG Certificate issued by competent authority.
iv) Scanned Copy of Haryana Domicile Certificate
in case of BCA/BCB/SC/
SBC/EBPG/ESM/DESM/DFF issued by
competent authority.
v) Scanned Copy of Aadhar Card (Desirable).
vi) Copy of e-Challan in case of candidates who
have applied earlier.
vii) Scanned Photographs duly signed by the
Candidate.
viii) Scanned signatures of the Candidate.
DOCUMENTS TO BE BROUGHT AT THE TIME OF INTERVIEW/viva
i) All original certificates/documents testimonials of educational qualifications and other documents mentioned in the online applications and one set of self attested copies of all these certificates.
ii) Printed copy of online application form along with latest stamp size photograph duly attested by a gazetted officer and pasted on the application form.
iii) Original proof of earlier fee deposited i.e. Treasury Challan/ Credit Certificate issued by concerned treasury etc."
7. From the perusal of above quoted clauses of the advertisement, it is evident that it was indispensable to upload certificate with application form. The petitioner failed to upload said certificate. He did not bother to submit said certificate at the time of scrutiny of documents. He was having copy of said certificate, thus, lapse of non-submission at the time of interview/scrutiny of documents could be ignored, however, he did not even upload the certificate along with application form. Lapse was incurable. If 4 of 5 ::: Downloaded on - 27-11-2025 00:19:15 ::: CWP-17160-2017 -5- lapse of petitioner is ignored, it may create right in favour of many candidates who might have committed identical or similar mistakes.
8. In the wake of above discussion and findings, this Court is of the considered opinion that present petition being bereft of merit deserves to be dismissed and accordingly dismissed.
(JAGMOHAN BANSAL)
JUDGE
26.11.2025
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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