Jitender Kumar's bid for Assistant Professor position dismissed due to non-fulfillment of Ex-Serviceman eligibility criteria by application deadline.
In a significant ruling, the Punjab and Haryana High Court has dismissed a petition filed by Jitender Kumar, who challenged the Haryana Public Service Commission's (HPSC) decision to reject his application for the post of Assistant Professor in the Geography department. The petitioner's candidature was declined on the grounds that he did not possess the status of an Ex-Serviceman by the stipulated closing date for application submissions.
The case revolved around the eligibility criteria outlined in the HPSC's advertisement for the recruitment, which specified that candidates must possess the necessary qualifications and status, including that of an Ex-Serviceman, by the closing date of March 15, 2025. Jitender Kumar, who was serving as a Sergeant in the Indian Air Force, was discharged on June 30, 2025, and attained Ex-Serviceman status effective July 1, 2025, well after the application deadline.
Kumar argued that he applied for the position based on a No Objection Certificate (NOC) dated June 28, 2024, which permitted him to apply for government posts while still in service. However, Justice Tribhuvan Dahiya, presiding over the matter, held that an NOC does not supersede the eligibility requirements specified in the recruitment advertisement.
The court emphasized that the essential qualifications, including the Ex-Serviceman status, must be met by the application deadline. The judgment referenced Supreme Court precedents, notably Sudhir Singh v. State of U.P., underscoring that eligibility should be determined as per the cut-off date mentioned in the advertisement, without any concessions for those not meeting the criteria by that date.
The court also addressed Kumar's reliance on a 1986 notification from the Government of India, which allows armed forces personnel to apply for re-employment one year before completing their service term. Justice Dahiya noted that this notification was not applicable to the recruitment process in question and reiterated that possessing the Ex-Serviceman status by the closing date is an essential eligibility requirement, not a concession.
In conclusion, the court found no merit in the petition and upheld the HPSC's decision to reject Jitender Kumar's application, reaffirming the importance of adhering to the stipulated eligibility criteria in public recruitment processes.
Bottom Line:
A candidate must possess the essential qualification or status required for a post on the closing date of application submission as per the stipulations in the advertisement.
Statutory provision(s): Service Law, Eligibility criteria for Ex-Servicemen.
