Recruitment Agency Creating Priority List For Candidates At Later Stage When Not Mentioned In Advertisement Violates Rule Of Law: P&H High Court

The Punjab & Haryana High Court said that Haryana Staff Selection Commission (HSSC) cannot come out with a priority list at the later stage of selection of candidates when the same was not advertised in the notification.

A notification was issued by HSSC for the post of Group C & D and passing of CET exam was the prerequisite to apply for the post. At the stage of mains, HSSC prepared a priority list stating that In the Ex-Serviceman category, disabled Ex-Serviceman will be given priority.

 Justice Jagmohan Bansal said, "Selection would be at the caprice and whims of the recruitment agency. It would be contrary to rule of law which cannot be permissible. The intention of the respondent in preparing priority list at the stage of written test may be just and fair, however, intention cannot substitute terms and conditions of the advertisement/instructions which are categoric and quite clear."

The Court clarified that the respondent can shortlist candidates category-wise, however, "priority cannot be given within the category unless and until permitted by the advertisement or statutory provisions."

The petition was filed by the dependents of Ex-servicemen, eligible for reservation under the ex-servicemen category. It was alleged that the disabled ex-servicemen and their dependents were selected despite their lower merit in the CET on the ground of the priority list prepared at the stage of mains exam. The plea challenged the selection list whereby disabled ex-servicemen were given priority.

After examining the submissions, the Court noted that as per the Government Instructions priority would be given to disabled ex-serviceman and their family members at the time of final selection list.

"Priority cannot be given at the time of main test. The respondent acting contrary to Government instructions and advertisement has extended priority to disabled ex-servicemen at the stage of the mains test. It is a settled proposition of law that no party can travel beyond the terms and conditions of advertisement...if it is permitted, there would be chaos and uncertainty," added the Court.

 While allowing the plea, the Court said "The respondent shall consider priority of disabled ex-servicemen and their family members at the final stage."

Mr. Rajat Mor, Advocate and Ms. Surya Dhanda, Advocate for the petitioners (in CWP-20048-2024)

Mr. Pardeep Sehrawat, Advocate and Ms. Priyanka Chaudhary, Advocate for the petitioner (in CWP-275-2025)

Ms. Shruti Jain Goyal, Sr. Deputy Advocate General, Haryana

Ms. Nikita Goel, Advocate for respondent No.3 (in CWP-20048-2024)

Ms. Prince Singh, Advocate for respondent Nos.3 and 4 (in CWP-275-2025)

Mr. Arvind Seth, Advocate for respondent No.5 (in CWP-275-2025)

Title: Deepak and others v. State of Haryana and others

Citation: 2025 LiveLaw (PH) 85

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