HC: Can't rule out inherent randomness in deciding cut-off date for competitive exams

Saurabh Malik

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Chandigarh, June 6

The Punjab and Haryana High Court has made it clear that certain inherent randomness in determining the cut-off date for competitive examinations would always be there. Else, it would give rise to unnecessary confusion.

In agreement with HPSC

I am in agreement with the argument canvassed by the counsel for the respondent-HPSC that in the matters of determining the cut-off date in any competitive examination, there has to be certain inherent randomness to fix a particular date or else it would always give rise to unnecessary confusion. — Justice Arun Monga, Punjab & Haryana High Court

The assertion came as Justice Arun Monga dismissed three pleas by 10 petitioners aspiring to be HCS officers. They were, among other things, seeking the setting aside of a public announcement dated May 2 to the limited extent that respondent-Haryana Public Service Commission (HPSC) had refused to invite fresh applications for holding preliminary examination of the Haryana Civil Services (Executive Branch) and other allied services. Justice Monga asserted that the advertisement was published on February 26, 2021. The public announcement was necessitated owing to the cancellation of the earlier scheduled preliminary examination. But during the interregnum of the cancellation period, many other aspirants like the petitioners would have become eligible by virtue of their qualifications and/or age, which otherwise they would not have on the originally advertised closing date of April 2, 2021, if the preliminary examination had been held as initially scheduled. Justice Monga added that the commission decided to treat the same as the cut-off date for determining the eligibility for conducting the preliminary examination as stated in the advertisement earlier. The number of posts advertised also remained the same. Justice Monga added that the perusal of the relevant rule left no room for ambiguity. It clearly envisaged that eligibility with regard to the age was to be determined by

the first day of January in

the year the advertisement was published.

“Also I am in agreement with the argument canvassed by the counsel for the respondent-HPSC that in the matters of determining the cut-off date in any competitive examination, there has to be certain inherent randomness to fix a particular date or else it would always give rise to unnecessary confusion.” “By each day, many of the candidates become eligible either by virtue of their age or by virtue of their academic qualification and/or obtaining degrees, as the case may be, and, therefore, the ever-shifting dates would result not only in discrimination but also leave a lot of room for interplay, to make certain candidates either eligible who are younger in age or ineligible who are older in age,” Justice Monga asserted while dismissing the writ petitions. Justice Monga asserted that the Bench was informed that the government/commission was at an advanced stage of determining the vacancies which had arisen in the meanwhile or were likely to be filled after the previous advertisement. The petitioners, needless to say, would be free to compete to the proposed new recruitment which appeared to be round the corner.