Can’t challenge cut-off date over hardship to some: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, June 7

The Punjab and Haryana HC has ruled that cut-off date for a selection process cannot be challenged merely because it may cause hardship to some of the candidates.

The Bench also made it clear that Haryana Public Service Commission, being an independent establishment, was competent to lay down its own selection criteria. It could not be faulted with, unless it was shown to be arbitrary or unreasonable.

The ruling by the Bench of Justice Rajan Gupta and Justice Karamjit Singh came on a petition filed by a final-year student. He was, among other things, seeking the quashing/modification of a condition in an advertisement dated February 26, whereby applications were invited till April 2 for filling the posts of Haryana Civil Services (Executive) and allied services through a competitive examination.

The petitioner’s case was that the cutoff date prescribed for possessing minimum educational qualification for appearing in the examination was arbitrarily and unlawfully fixed as April 2 — the last date fixed for submission of applications.

The Bench was told that a candidate was required to possess a bachelor’s degree from a recognised university as on April 2. The condition debarred the petitioner and other students, who were to appear in the final-year examination of bachelor’s degree, from applying for the competitive examination.

On the contrary, all such students, including the petitioner, were eligible to appear in the civil services examination conducted by the Union Public Service Commission.

His counsel contended that the impugned provisions or conditions were violative of Articles 14 and 16 of the Constitution. Article 14 provided equality before law and it prevented distinctions that were not properly justified. As such, HPSC’s action was totally arbitrary and irrational and not based on sound reasons.

After hearing the arguments, the Bench asserted the cut-off date could not be challenged merely because the petitioner came within its “adverse side”. Whenever a cut-off date was fixed, some of the aspirants, like the petitioner, were going to face hardship. But that by itself could not be a ground for holding the cut-off date fixed by HPSC to be ultra vires Article 14 of the Constitution.

Applications invited for HCS posts

• Applications were invited for filling the posts of Haryana Civil Services (Executive) and allied services
• The petitioner submitted the cut-off date prescribed for possessing minimum educational qualification for appearing in the exam was arbitrarily fixed as April 2
• The HC asserted the cut-off date could not be challenged because the petitioner came within its “adverse side”