Candidate Can't Change Reserved Sub-Category After Declaration Of Recruitment Result: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed a candidate's plea seeking correction of his caste sub-category in a recruitment process after declaration of results, holding that candidates are bound by the category opted at the time of application and cannot seek changes at a belated stage.

Justice Harpreet Singh Brar said, "sympathy or equity cannot override the prescribed recruitment conditions. If such claims are entertained despite clear prohibitory clauses, it would open floodgates of litigation, resulting in uncertainty in public employment processes and would also seriously prejudice the sanctity of the selection process."

The Court was hearing a plea filed by Parwinder Singh, who had applied for the post of Telephone Mechanic pursuant to a Punjab State Transmission Corporation Limited (PSTCL) advertisement. The petitioner claimed that he had inadvertently selected the SC (R&O) sub-category instead of his actual SC (Mazhabi & Balmiki) category, despite possessing a valid certificate prior to the cut-off date.

It was argued that the mistake was bona fide and clerical in nature, and that the petitioner would have fallen within the zone of selection had he been considered under the correct category. The petitioner also contended that no prejudice would be caused to other candidates if the correction was allowed.

However, the Court refused to grant relief, noting that the recruitment advertisement clearly prohibited any change of category after submission of the application form. It emphasized that the petitioner had consciously filled the form, paid the applicable fee, and participated in the entire selection process without raising any objection at the appropriate stage.

It further pointed that, "the petitioner had consciously filled the online application form, selected the SC (R&O) sub-category, paid the requisite fee, participated in the written examination and further subjected himself to the entire selection process without raising any objection at the relevant stage. The plea that the mistake was “inadvertent” or “clerical” cannot, in the facts and circumstances of the present case, be accepted so as to override the express terms of the advertisement, particularly when the process has substantially progressed and results have been declared."

Relying on Supreme Court cases, including Rajasthan High Court v. Neetu Harsh, the Court held that once a candidate opts for a particular category and participates in the selection process, such choice attains finality and cannot be altered later to claim a more beneficial position.

The Court further observed that permitting such changes after declaration of results would unsettle the selection process and prejudice other candidates, besides opening floodgates of litigation. It also clarified that possession of a valid caste certificate alone cannot override the binding conditions of the recruitment advertisement.

Finding no illegality in the rejection of the petitioner's representation, the Court upheld the impugned order and dismissed the writ petition.

Mr. Mandeep Singh, Advocate for the petitioner.

Mr. Amit Shukla, DAG, Punjab.

Mr. Vishal Gupta, Advocate for respondents No.2 to 4.

Title: Parwinder Singh v. State of Punjab and others

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