Reservation Cannot Be Denied Over Arbitrary Deadlines: Punjab & Haryana High Court Quashes HSSC’s Rejection of Constable Aspirants

The Punjab & Haryana High Court has ruled that the Haryana Staff Selection Commission (HSSC) wrongly rejected candidates for police constable posts under the Backward Class (BC) reservation quota by enforcing an arbitrary cut-off date for their caste certificates. Justice Jagmohan Bansal declared that a candidate's social status is determined by birth and not by the date of a certificate, directing the HSSC to restore the petitioners' rightful claim under the BC-A and BC-B categories.

“Rules of the Game Cannot Be Changed After the Process Has Started”

The case involved multiple aspirants who had qualified the Common Eligibility Test (CET) and applied for the post of constable (general duty) in Haryana. Although they had submitted valid BC certificates at the time of application, HSSC later introduced a condition requiring the certificates to be issued after April 1, 2023, and rejected those whose certificates were issued before that date. As a result, several candidates were moved to the General category, losing their rightful reservation benefits.

The petitioners challenged this rejection, arguing that the job advertisement never mentioned a specific cut-off date for BC certificates. Their counsel, Senior Advocate D.S. Patwalia, contended that such a requirement was added midway through the selection process, which was impermissible in law.

"Reservation is a constitutional right, and it cannot be taken away on technical grounds. The state cannot arbitrarily impose a date that was never mentioned in the original advertisement," he argued.

“Backward Class Status is Not a Temporary Condition”

The High Court, in a scathing critique of HSSC’s actions, observed that BC status is determined by birth, not by the issuance date of a certificate. The Court held that as long as a candidate belongs to a recognized Backward Class and is not in the creamy layer, he or she is entitled to reservation benefits.

"The classification of a candidate as belonging to the Backward Class does not change merely because a certificate was issued before a certain date. The right to reservation cannot be made subject to arbitrary technicalities," the Court ruled.

The Court further noted that the Parivar Pehchan Patra (PPP) database already verified the candidates’ BC status. Since this government-maintained system records caste and economic details, HSSC could have cross-verified the information instead of rejecting candidates outright.

“HSSC Had No Justification to Insist on a Fresh Certificate”

Justice Bansal emphasized that the Commission’s insistence on a certificate issued after April 1, 2023, lacked any legal foundation. The advertisement only required a valid and fresh certificate but did not specify a cut-off date. The Court also highlighted that BC certificates in Haryana are issued through an online portal linked to PPP, and any new certificate would merely reiterate the same information.

"If the state’s own digital records confirm an applicant’s status, why was a fresh certificate even required? The recruitment process should be based on eligibility, not bureaucratic hurdles," the Court remarked.

High Court Directs HSSC to Reinstate Candidates in BC Category

The High Court quashed all rejection orders issued by HSSC and ordered the Commission to restore the petitioners' BC category status. It directed the authorities to process their recruitment as per their original reservation claim, making it clear that administrative technicalities should not be used to deny constitutionally guaranteed rights.

The ruling has major implications for future recruitments, ensuring that selection processes remain fair, transparent, and free from arbitrary bureaucratic conditions.

Date of Judgment: February 5, 2025