Court Dismisses Petition Seeking Post-Result Rectification of Recruitment Category, Citing Explicit Prohibitory Clauses
In a significant ruling, the Punjab and Haryana High Court has reaffirmed the sanctity of recruitment processes by dismissing a petition seeking a change in the category selection after the declaration of results. The case, titled "Parwinder Singh v. State of Punjab," revolved around a candidate, Parwinder Singh, who sought to rectify his sub-category from Scheduled Caste (R&O) to Scheduled Caste (Mazhabi & Balmiki) after the recruitment results were announced.
The petitioner argued that due to an inadvertent clerical error while filling out the online application form, he selected the wrong sub-category, which subsequently affected his position in the merit list. Despite possessing a valid SC (M&B) certificate, he was unable to secure a position due to the error.
The High Court, presided over by Justice Harpreet Singh Brar, emphasized the binding nature of the recruitment advertisement, which explicitly prohibited any changes in category after submission. The court highlighted that such clauses are not merely advisory but form a core part of the eligibility and participation conditions in the recruitment process.
In delivering the judgment, Justice Brar referenced several Supreme Court rulings, including the case of "Rajasthan High Court, Jodhpur v. Neetu Harsh," which established that a candidate cannot alter their category post-submission as it would disrupt the entire selection process and impact other candidates' rights.
The court underscored that procedural technicalities should not be overridden by claims of inadvertent errors, especially when the recruitment advertisement clearly outlines the finality of category selection. The judgment also noted that allowing such changes could open floodgates for similar claims, destabilizing public employment processes.
In dismissing the petition, the court reaffirmed that the recruitment process's integrity must be maintained, and any attempt to alter the declared category post-results is impermissible. This decision reinforces the principle that candidates are bound by their initial choices throughout the recruitment process.
Bottom line:-
Recruitment process - A candidate cannot seek rectification of category/sub-category after the declaration of results if explicit prohibitory clauses in the recruitment advertisement bar such changes.
Statutory provision(s): Articles 226/227 of the Constitution of India
Parwinder Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2896509
