CWP-27673-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 130 HARIKESH STATE OF HARYANA CORAM: HON'BLE MR Present: Mr. R. S. Dhull, Advocate Mr. Navnit Sharma, Advocate for the petitioner. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. Ms. Harpriya Khaneka, Advocate for TRIBHUVAN DAHIYA The petition has been filed quashing condition 02.08.2024, which prescribes interview will be two times of the number of advertised posts secure atleast announcement/schedule dated sought, whereby the petitioner Knowledge Test 2. Learned counsel for the petitioner contends that challenged, suffering from fo impaired, as established this ground he is entitled Subject Knowledge Test 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. R. S. Dhull, Advocate with Mr. Navnit Sharma, Advocate for the petitioner. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. Ms. Harpriya Khaneka, Advocate for respondent no.3/HPSC. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed, inter alia quashing condition 2(d) of the advertisement 42 to 67 , which prescribes that the number of candidates to interview will be two times of the number of advertised posts atleast thirty-five per cent marks announcement/schedule dated 05.09.2025, Annexure P sought, whereby the petitioner stands excluded Test with requisite number of marks. Learned counsel for the petitioner contends that suffering from forty per cent permanent disabilit as established on the basis of his certificate dated he is entitled to relaxation of minimum cut Subject Knowledge Test. Such relaxation has already been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27673-2025 Decided On: 17.09.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Ms. Tanushree Gupta, Senior Deputy Advocate General, Ms. Harpriya Khaneka, Advocate inter alia, seeking a writ of certiorari of the advertisement 42 to 67 of 2024, dated number of candidates to be called for interview will be two times of the number of advertised posts, provided they marks; and quashing of the 05.09.2025, Annexure P-3, has also been excluded on failing to clear the Subject with requisite number of marks. Learned counsel for the petitioner contends that he is physically rty per cent permanent disability being visually certificate dated 23.01.2024. On minimum cut-off marks for the . Such relaxation has already been granted to certiorari of 2024, dated be called for they the , has also been on failing to clear the Subject ly being visually . On the to Aman Dua 2025.09.25 10:23 I attest to the accuracy and authenticity of this judicial document CWP-27673-2025 physically challenged Branch). As per the averment bearing roll numbers 2672 and 2706 required forty- the interview on account of Commission may be directed to provide the relaxation to the petitioner also. 3. Learned counsel for the Commission, appearing on advance notice, has opposed the advertisement Besides, he has already the impugned condition of the advertisement regarding minimum marks Subject Knowledge Test, nor has he sought Commission at and others v. State of Jammu and once the candidate has participated in the allowed to turn around and challenge the selection criteria. 4. Submissions made by learned counsel for the parties have been considered. 5. It remains undisputed that the petitioner has selection process advertisement. He appeared declared on 05.09.2025 minimum cut- approached this Court in the selection process without unsuccessful, he cannot be allowed to take a different stand and challenge that very condition. Besides, merely because the Commission 2025 -2- physically challenged candidates for selection to the post of s per the averments in para 18 of the petition, bearing roll numbers 2672 and 2706, who had -five per cent marks in written t the interview on account of being physically challenged Commission may be directed to provide the relaxation to the petitioner also. Learned counsel for the Commission, appearing on advance opposed a prayer on the ground that the advertisement and, therefore, it cannot be granted to the petitioner has already participated in the selection process without the impugned condition of the advertisement regarding minimum marks Subject Knowledge Test, nor has he sought at any stage. She has also relied upon the judgment State of Jammu and Kashmir, 199 once the candidate has participated in the selection process allowed to turn around and challenge the selection criteria. Submissions made by learned counsel for the parties have been It remains undisputed that the petitioner has selection process without ever objecting to the impugned condition . He appeared in the Subject Knowledge Test 05.09.2025. Only after remaining -off marks as prescribed under the impugned condition 2( approached this Court by filing the instant petition. Once he has in the selection process without objecting to the condition he cannot be allowed to take a different stand and challenge that very condition. Besides, merely because the Commission candidates for selection to the post of HCS (Executive in para 18 of the petition, two of the candidates , who had secured less than the minimum test, were allowed to appear for being physically challenged. On that basis, the Commission may be directed to provide the relaxation to the petitioner also. Learned counsel for the Commission, appearing on advance a prayer on the ground that there is no such provision in therefore, it cannot be granted to the petitioner. participated in the selection process without opposing the impugned condition of the advertisement regarding minimum marks in the Subject Knowledge Test, nor has he sought any relaxation from the She has also relied upon the judgment in Madan Lal 1995(3) SCC 486, to contend that selection process, he cannot be allowed to turn around and challenge the selection criteria. Submissions made by learned counsel for the parties have been It remains undisputed that the petitioner has participated in the to the impugned condition of the bject Knowledge Test; its result was ing unsuccessful in securing the under the impugned condition 2(d), he by filing the instant petition. Once he has participated objecting to the condition and remained he cannot be allowed to take a different stand and challenge that very condition. Besides, merely because the Commission once provided such HCS (Executive two of the candidates the minimum t, were allowed to appear for the Learned counsel for the Commission, appearing on advance in . opposing the relaxation from the Lal to contend that , he cannot be Submissions made by learned counsel for the parties have been participated in the of the result was the , he participated and remained he cannot be allowed to take a different stand and challenge that provided such Aman Dua 2025.09.25 10:23 I attest to the accuracy and authenticity of this judicial document CWP-27673-2025 relaxation to the physically challenged candidates for the post of HCS (Executive Branch) question. First announcement/notice to that effect h ascertained as to why, if at all, the relaxation was given to candidates for those posts. Secondly, the selection in question is regulated as per condition advertisement duly notified which do not provide for any relaxation. And in the midst of selection process the same cannot be provided. 6. In view thereof, there is no ground to e petition and it stands dismisse 17.09.2025 Ad Whether speaking/reasoned? Whether reportable? 2025 -3- relaxation to the physically challenged candidates for the post of HCS Branch), it cannot be a ground to claim relaxation for the post in tly, the averments regarding relaxation are announcement/notice to that effect has been placed on record. ascertained as to why, if at all, the relaxation was given to candidates for those Secondly, the selection in question is regulated as per condition advertisement duly notified which do not provide for any relaxation. And in the midst of selection process the same cannot be provided. In view thereof, there is no ground to e petition and it stands dismissed. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? relaxation to the physically challenged candidates for the post of HCS ground to claim relaxation for the post in averments regarding relaxation are unsubstantiated as no as been placed on record. It cannot be ascertained as to why, if at all, the relaxation was given to candidates for those Secondly, the selection in question is regulated as per conditions in the advertisement duly notified which do not provide for any relaxation. And in the midst of selection process the same cannot be provided. In view thereof, there is no ground to entertain the present TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No relaxation to the physically challenged candidates for the post of HCS ground to claim relaxation for the post in no It cannot be ascertained as to why, if at all, the relaxation was given to candidates for those in the advertisement duly notified which do not provide for any relaxation. And in ntertain the present Aman Dua 2025.09.25 10:23 I attest to the accuracy and authenticity of this judicial document