CWP-15728-2022 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 235 CWP-15728-2022 (O&M) Date of Decision: 05.08.2025 Rahul Dhanda ...Petitioner Vs. State of Haryana …Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Prashant Sethi, Advocate for the petitioner Mr. Rajni Gupta, Addl. A.G. Haryana and Mr. Suneel Ranga, DAG Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondent to grant him additional four marks of Graduation in Commerce. 2. The petitioner pursuant to advertisement No.4/2020 dated 30.12.2020 applied for the post of Constable. In the advertisement, it was underscored that there would be four additional marks for graduate degree in any stream from a recognized university. The petitioner along with application form uploaded his 6th semester Marks Certificate. He disclosed total marks scored in graduation. The relevant extracts of application are reproduced below:- DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -2- Education University/B oard Name Date of Declaration of Result Date of Marksheet Marks obtained Total Marks Percen tage Class 10th (Mandatory)- Class 10th (General) Central Board of Secondary Education 30 May 2013 8.20 10 77.90 12th/10+2- 12th/10+2 (Commerce) Central Board of Secondary Education 25 May 2015 403.00 500 80.60 Graduation B.Com Kurukshetra University 23 December 2020 1868.00 3600 51.61 3. He passed requisite tests, however, was not selected. He was not awarded four marks of graduation. If he is awarded four marks of graduation, his total marks would be more than cut off. 4. Learned counsel for the petitioner submits that petitioner was not awarded four marks of graduation because he was not possessing provisional or final degree at the time of filing application form. He was called for physical measurement on 20.01.2021. He duly qualified physical measurement test. The last selected candidate has secured 64.44 marks and petitioner has secured 62.66 marks. If four marks of graduation are added, his total marks would be much more than last selected candidate. The final result was declared on 16.06.2022. At the time of scrutiny of documents, detailed marksheet dated 07.09.2021 was produced. The respondent has formed an opinion that Detailed Mark Certificate (in short ”DMC”) is dated 07.09.2021 and cutoff date for DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -3- filing online application was 25.02.2021, thus, DMC issued after cutoff date cannot be considered. The case of petitioner is squarely covered by judgment dated 11.07.2025 of this Court in “Gagandeep Singh Vs. State of Haryana and Ors”, CWP-14946-2022 and judgment dated 09.08.2024 passed by Division Bench of this Court in “Harpreet Kaur and State of Haryana and Ors.” LPA-612-2023. 5. Per contra Ms. Rajni Gupta and Mr. Suneel Ranga, learned State counsel submit that petitioner along with application form uploaded marksheet of 6th semester. He did not upload either provisional degree or final degree or DMC of graduation. He submitted DMC dated 07.09.2021 at the time of scrutiny of documents. In the DMC dated 07.09.2021 marks of all the 6 semesters are jotted down. As DMC was issued after cutoff date, the petitioner was not entitled to additional four marks of graduation. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the perusal of record, it is evident that advertisement was issued on 30.12.2020 and last date for filing application was 13.02.2021. The petitioner has secured graduation degree in 2nd Division from Kurukshetra University in the Session of May-2019. He filed application form along with marksheet of 6th semester. In the application form, he disclosed marks of all the 6 semesters which shows that he was possessing marksheet of all the 6 semesters and had already cleared all DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -4- the semesters by said date. The respondent has denied him additional marks on the sole ground that DMC comprising marks of all the semesters was issued by University after cutoff date. The petitioner produced DMC comprising marks of all the semesters at the time of scrutiny of documents. 8. In the advertisement, it has been provided that there would be four marks for the graduation degree. The relevant extracts of the advertisement read as “(b) i) For Constable:- Education (maximum 07 marks): Candidate with higher education i.e. with Graduate degree in any stream from a recognized University shall get four (04) marks, while candidate with Post Graduate degree in any stream from a recognized University shall get additional three (03) marks.” 9. Clause 3.1 of the advertisement prescribed documents which were required to be uploaded with application form. Para 3.1 of the advertisement reads as under:- “3.1 Documents to be uploaded with Application Form 1. Scanned Copy of Essential Academic Qualifications i.e. Matriculation Certificate showing Date of Birth and other relevant details. 2. Scanned Copy of SC/BCA/BCB/EWS/ESM/ DESM/DFF certificate along with Haryana domicile Certificate issued by competent authority. 3. Scanned copy of Certificate claiming weightage/marks under socio-economic criteria and experience along with Haryana domicile Certificate issued by competent authority. DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -5- 4. Scanned Photo duly signed by the Candidate. 5. Scanned signatures of the Candidate. 6. Scanned copy of all documents showing higher qualification, experience etc. on which basis candidate claim marks.” 10. Note 8 to Clause 2.4 of the advertisement provides that qualifications and other terms and conditions of eligibility will be determined with regard to the last date fixed for receipt of online applications also terms as closing date. Note 8 of Clause 2.4 of the advertisement reads as under:- “8. Qualifications and other terms and conditions of eligibility will be determined with regard to the last date fixed for receipt of online applications also terms as closing date.” 11. From the conjoint reading of terms and conditions of the advertisement, it is evident that petitioner was required to possess Bachelor’s degree by 13.02.2021. Result of 6th semester was declared on 20.09.2019 and result of selection process was declared on 16.06.2022. He received detailed mark sheet on 07.09.2021. He duly uploaded marksheet of 6th semester and disclosed particulars of his Graduation in the application form. Thus, he duly complied with requirements of advertisement. The petitioner was eligible for additional marks. The respondent has wrongly rejected his claim on the ground that he was not possessing Bachelor’s degree by 13.02.2021. 12. It is apt to mention here that degree of graduation was not requisite/minimum qualification whereas it was for additional marks. DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -6- The object of additional marks for graduation degree is to get better candidates for the post of Constable where minimum qualification is 10+2. The petitioner actually cleared all the semesters by 21.12.2020 i.e. date on which marksheet of 4th semester was issued. It is apt to mention here that petitioner obtained marksheet of 5th semester on 18.02.2020 whereas marksheet of 4th semester was obtained on 21.12.2020. It shows that there was re-appear in 4th semester and he secured marksheet of 4th semester after result of 5th semester. He in the application form disclosed marks of all the semesters. He duly disclosed that he is a graduate in commerce from Kurukshetra University, Kurukshetra. He at the time of scrutiny of documents produced detailed marksheet of all the semesters, thus, for all purposes he was graduate at the time of filing application. 13. This Bench vide order dated 11.07.2025 has allowed writ petition of Gagandeep Singh (supra). A Division Bench of this Court in Harpreet Kaur (supra) has adverted to similar issue and in concluding para has held:- “14. Poverty is a hard reality of life, and poor parents often sacrifice their own needs, even cutting back on meals, to provide the best education for their children. Despite the family's financial struggles, meritorious candidates like the appellant-petitioner should not be overlooked, as doing so would discourage such candidates. It is not the case of the respondents that the appellant-petitioner was ineligible before the cut-off date, nor did she fail to produce the provisional result for her 4th Semester, dated 06.09.2017. 15. It is not the case of the respondents that the appellant- DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -7- petitioner did not submit the requisite document before the cut-off date. The only dispute in the present case is that the certificate is dated 10.10.2022. 16. In the competitive examinations, the candidates work hard and make their best efforts to secure good marks, therefore, only because of the date of issuance of degree/certificate, they should not be denied appointment as these are only procedural delays/lapses. 17. It is held and made clear to all the recruitment agencies of Punjab, Haryana and Union Territory, Chandigarh that in such kind of cases where the date or year of passing of the examination is mentioned, the date of issuance of certificate or degree should be totally ignored. The best example is the case in hand wherein the appellant-petitioner passed the B.Ed. examination successfully in May, 2017 whereas due to financial condition, she could not deposit the requisite fee in time and her certificate/degree of B.Ed., was delayed and the date mentioned therein is after the cut-off date as mentioned in the advertisement for submission of application forms. 18. In view of the above, it is held that the date of passing of the examination would be considered in every document by the recruitment agencies and not the date of issuance of degrees.” 14. In the case in hand, from the perusal of marksheet of all the 6 semesters, it is evident that petitioner cleared all the semesters prior to even date of advertisement. He was possessing marksheet of all the semesters which permitted him to disclose total marks obtained in graduation. In the absence of passing all the semesters and having marksheet, it was impossible for him to disclose total marks of all the semesters. It is practically a case where a student could not multiple DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document CWP-15728-2022 (O&M) -8- times visit University or find out appropriate source to get degree within few days. The University was supposed to issue degree/DMC, the moment petitioner cleared all the semesters. Thus, he cannot be deprived from his valuable right to appointment on account of technicalities or procedural lapse. 15. In the wake of above discussion and findings, this Court is of the considered opinion that the instant petition deserves to be allowed accordingly allowed. 16. The respondents are directed to reconsider case of petitioner after awarding four marks of graduation. 17. Let the needful be done within two months from today. It is made clear that date of joining of the petitioner shall be his date of appointment for all intents and purposes. 18. Pending application(s), if any stands disposed of. (JAGMOHAN BANSAL) JUDGE 05.08.2025 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2025.08.06 14:00 I attest to the accuracy and integrity of this document