As per case facts, the Haryana Staff Selection Commission conducted a Common Eligibility Test for Group-C and Group-D posts, with a socio-economic criteria weightage. Merit lists were challenged for improperly ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RA-LP-19-2024 (O&M)
with CM-8892-LPA-2025, CM-7318-LPA-2025
CM-4924-LPA-2025, CM-3718-LPA-2024 & CM-3951-LPA-2024
in LPA-1063-2025
Reserved on :16.01.2026
Date of decision : 27.03.2026
Date of Uploading: 27.03.2026
GURVIND KUMAR ANR ORS. …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS.
…….Respondent(s)
2. RA-LP-22-2024 WITH CM-3759-LPA-2024
in LPA-1037-2023
VIRENDER KUMAR AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
3. RA-LP-23-2024 in LPA-1037-2023
IRFAN SHEKHU AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION ANR ORS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [2]
4. RA-LP-24-2024 WITH CM-3727-LPA-2024
in LPA-1037-2023
ABHILASHA AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
5. RA-LP-25-2024 WITH CM-3757-LPA-2024 in LPA-1037-2023
RAJBALA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
6. RA-LP-26-2024 WITH CM-3724-LPA-2024 in LPA-1037-2023
SUSHIL KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
7. RA-LP-29-2024 in LPA-1037-2023
TARSEM KUMAR AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ANR
…….Respondent(s)
8. RA-LP-28-2024 in LPA-1037-2023
ROHIT AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [3]
9. CM-3707-LPA-2024 in/and RA-LP-30-2024
ABHIMANYU AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
10. CM-3716-LPA-2024 , CM-3949-LPA-2024, CM-5059-LPA-2024 in/and RA-LP-31-2024
in LPA-1037-2023
PINKI AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
11. CM-3719-LPA-2024 in/and RA-LP-32-2024 in LPA-1037-2023
AJAY KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
12. CM-3723-LPA-2024 in/and RA-LP-33-2024 in LPA-1037-2023
RAVI KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
13. CM-3728-LPA-2024 in/and RA-LP-34-2024 in LPA-1037-2023
BHUPENDER SINGH AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [4]
14. CM-3733-LPA-2024 in/and RA-LP-35-2024
in LPA-1037-2023
VIKRAM AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
15. CM-3752-LPA-2024 in/and RA-LP-36-2024 in LPA-1037-2023
AASTHA AND OTHER …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
16. CM-3773-LPA-2024 in/and RA-LP-37-2024 in LPA-1037-2023
PARDEEP KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
17. CM-3782-LPA-2024 in/and RA-LP-38-2024 in LPA-1037-2023
RAHUL AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
18. CM-3798-LPA-2024 in/and RA-LP-40-2024 in LPA-1037-2023
NISHA DEVI AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [5]
19. CM-4580-LPA-2024 in/and RA-LP-57-2024
in LPA-1037-2023
ANUPMA DEVI AND ORS …….Appellant(s)
V/S
HARYANA TAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
20. CM-6770-LPA-2025, CM-214-LPA-2025, CM-4913-LPA-2024, CM-4914-LPA-2024
& CM-4964-LPA-2024 in/and RA-LP-41-2024
in LPA-1037-2023
SONU VERMA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
21. RA-LP-42-2024 with CM-3820-LPA-2024 in LPA-1037-2023
ASHOK KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
22. CM-3821-LPA-2024 in/and RA-LP-43-2024 in LPA-1037-2023
SURENDER AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
23. CM-3918-LPA-2024 in/and RA-LP-44-2024 in LPA-1037-2023
AJAY KUMAR AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [6]
24. CM-3940-LPA-2024 in/and RA-LP-46-2024
in LPA-1037-2023
JAGJEET AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
25. CM-3923-LPA-2024 & CM-6769-LPA-2025 in/and RA-LP-45-2024 in LPA-1037-2023
BHAJAN LAL AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
26. CM-3794-LPA-2024 in/and RA-LP-39-2024 in LPA-1037-2023
MOHAMMAD KALIM AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
27. CM-3950-LPA-2024 & CM-5121-LPA-2024 in/and RA-LP-47-2024 in LPA-1037-2023
RAJNI AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
28. CM-3955-LPA-2024 in/and RA-LP-48-2024 in LPA-1037-2023
SUNITA RANI AND ORS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND ORS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [7]
29. CM-4456-LPA-2024 in/and RA-LP-54-2024
in LPA-1037-2023
RAJAT SHARMA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
30. CM-3990-LPA-2024 in/and RA-LP-49-2024 in LPA-1037-2023
ANSHU …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
31. CM-4054-LPA-2024 in/and RA-LP-51-2024 in LPA-1037-2023
MAUSAM KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
32. RA-LP-50-2024 in LPA-1037-2023
SUDAMA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
33. CM-4571-LPA-2024 IN/AND RA-LP-56-2024 in LPA-1037-2023
BHISHAM AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [8]
34. CM-4839-LPA-2024 IN/AND RA-LP-63-2024
in LPA-1037-2023
SONU AND ANOTHER …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
35. CM-4861-LPA-2024 IN/AND RA-LP-64-2024 in LPA-1037-2023
YOGESH KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
36. CM-4971-LPA-2024 IN/AND RA-LP-65-2024 in LPA-1037-2023
VIKAS AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
37. CM-6713-LPA-2024 IN/AND RA-LP-81-2024 in LPA-1037-2023
SAHDEV KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
38. CM-6584-LPA-2024 IN/AND RA-LP-80-2024
in LPA-1037-2023
RAJNI BALA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [9]
39. CM-1220-LPA-2025, CM-7548-LPA-2025
& CM-7342-LPA-2025 IN/AND RA-LP-11-2025
in LPA-1037-2023
SACHIN …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
40. CM-2126-LPA-2025 &CM-3758-LPA-2024
IN/AND RA-LP-27-2024 in LPA-1037-2023
RAMDAS SHARMA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
41. CM-2292-LPA-2025 IN/AND RA-LP-15-2025 in LPA-1037-2023
ABHISHEK AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
42. CM-3364-LPA-2025 IN/AND RA-LP-25-2025 in LPA-1037-2023
UDYAVIR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
43. CM-3487-LPA-2025 IN/AND RA-LP-27-2025 in LPA-1037-2023
NISHANT GILL AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [10]
44. CM-3498-LPA-2025 & CM-3499-LPA-2025
IN/AND RA-LP-28-2025 in LPA-1037-2023
NIKHIL AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
45. CM-5036-LPA-2024 IN/AND RA-LP-66-2024 in LPA-1037-2023
PARVEEN KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
46. CM-7505-LPA-2025 IN/AND RA-LP-73-2024 in LPA-1037-2023
ABHINAV AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
47. CM-4656-LPA-2024 IN/AND RA-LP-58-2024 in LPA-1037-2023
GAURAV KADIAN AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
48. CM-6759-LPA-2024 in/and RA-LP-82-2024 in LPA-1037-2023
AMAN DEEP AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [11]
49. CM-4158-LPA-2025 in/and RA-LP-45-2025
in LPA-1037-2023
SONIKA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
50. CM-4137-LPA-2025 in/and RA-LP-43-2025 in LPA-1037-2023
SATIRA AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
51. CM-4138-LPA-2025 in/and RA-LP-44-2025 in LPA-1037-2023
YOUNUS KHAN AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
52. CM-4134-LPA-2025 in/and RA-LP-42-2025 in LPA-1037-2023
DINESH KUMAR AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
53. CM-4001-LPA-2025 in/and RA-LP-38-2025 in LPA-1037-2023
NIRMALA RANI AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
RA-LP-19-2024 (O&M) & other connected review applications [12]
54. CM-3957-LPA-2025 in/and RA-LP-37-2025
in LPA-1037-2023
VEENA RANI AND OTHERS …….Appellant(s)
V/S
HARYANA STAFF SELECTION COMMISSION AND OTHERS
…….Respondent(s)
55. CM-10871-CWP-2024 & CM-10872-CWP-2024 in/and RA-CW-290-2024 IN CWP-1563-2024
SUKRITI MALIK ……Petitioner(s)
V/S
HARYANA STAFF SELECTION COMMISSION ….Respondent(s)
56. CM-11394-CWP-2024 & CM-11393-CWP-2024
in/and RA-CW-296-2024 IN CWP-1563-2024
SUKRITI MALIK ……Petitioner(s)
V/S
STATE OF HARYANA AND OTHERS .. …Respondent(s)
57. RA-CW-323-2024 with CM-13106-CWP-2024
IN CWP-1563-2024
SUKRITI MALIK ……Petitioner(s)
V/S
STATE OF HARYANA AND OTHERS .. …Respondent(s)
CORAM: HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA
HON’BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. D.S. Patwalia, Senior Advocate
Mr. A.D.S. Chadha, Advocate
Ms. Rishu Bajaj, Advocate for the review-applicants
in RA-LP-48-2024, RA-LP-48-2025 and RA-LP-66-2024.
Mr. Chetan Mittal, Senior Advocate assisted by
Mr. Ravinder Singh Dhull, Advocate,
Mr. Ritvik Garg, Advocate,
for the applicant in RA-LP-44-2024.
RA-LP-19-2024 (O&M) & other connected review applications [13]
Mr. Rajiv Atma Ram, Senior Advocate, assisted by
Mr. Brijesh Khosla, Advocate,
Ms. Shreya Kaushik, Advocate,
Ms. Ananya Kalia, Advocate
Ms. Shifali Bahia, Advocate,
for the review applicant in RA-LP-41-2024.
Mr. Akshay Bhan, Senior Advocate, assisted by
Mr. A.S. Talwar, Advocate,
Mr. Abhijeet Singh Rawaley, Advocate,
for the applicants in CMs No. 215, 7342 & 7348 all of 2025.
Mr. Ayush Gupta, Advocate,
Mr. R.S. Dhull, Advocate and
Mr. Navnit Sharma, Advocate,
Mr. Rajat Mor, Advocate for the review-applicant in
RA-LP-82-2024, RA-LP-41-2024, RA-LP-15-2024,
RA-LP-28-2025, RA-LP-45-2025, RA-LP-38-2025,
RA-LP-37-2025 and RA-LP-81-2025.
Mr. Mandeep Singh Lamba, Advocate,
for the applicant in CM-5059-LPA-2024 in RA-LP-31-2024.
Mr. K.D.S. Hooda, Advocate for the respondent/applicant.
Mr. Sube S. Kaushik, Advocate for the review-applicant
in CM-5121-2024 in RA-LP-47-2024.
Mr. Madhav Gupta, Advocate, and
Mr. Amandeep Singh, Advocate,
for respondent No.41-in RA-LP-19-2024.
Mr. R.K. Malik, Senior Advocate with
Mr. Varun Veer Chauhan, Advocate and
Mr. Samrat Malik, Advocate,
for the petitioner in RA-LP-296-2023.
Mr. Anurag Goyal, Advocate, and
Mr. Nikhil Lather, Advocate,
for the review-applicants in RA-LP-31-2024.
Mr. Sandeep Kumar, Advocate,
for the review-applicants/respondents No.5 and 6
in CM-13106-CWP-2024 and RA-CW-323-2024
in CWP-1563-2024.
Mr. Rajat Khanna, Advocate with
Mr. Vijay Pratap Singh, Advocate and
Mr. Balwan Singh, Advocate
for the applicant in RA-LP-63-2024.
Mr. Pardeep Sharma, Advocate
for the review-applicant
in RA-LP-50-2024 in LPA-1037-2023.
RA-LP-19-2024 (O&M) & other connected review applications [14]
Mr. Ankur Sidhar, Advocate
for the review applicant
in RA-LP-19, 22 to 27 of 2024 in RA-LP-25-2025.
Mr. Deepak Jaglan, Advocate,
for the review applicant in RA-LP-27-2025.
Mr. Pankaj Mohan Kansal, Advocate, for
Mr. V.K. Kaushal, Advocate
for the review applicant in RA-LP-51-2024.
Mr. Rajesh Nain, Advocate, and
Mr. Baljeet Nain, Advocate, for the review-applicant
in RA-LP-43-2024 in LPA-1037-2023.
Mr. Rupinder Khosla, Senior Advocate, assisted by
Mr. Yogender Verma, Advocate,
Mr. Chanderhas Yadav, Advocate
for the review applicant/respondent No.41in RA-LP-19-2024.
Mr. Rajesh Sehgal, Advocate
for the review applicant in RA-LP-58-2024.
Mr. Nikhil Lather, Advocate for
Mr. Anurag Goyal, Advocate
for the review applicant in RA-LP-31-2024.
Mr. Ravinder Bangar, Advocate and
Ms. Anjali Bangar, Advocate
for the review-applicants(s) in RA-290-LP-2024.
Ms. Monika Sangwan, Advocate and
Mr. Vikas Sangwan, Advocate
for the applicant-petitioner in CM-1220-LPA-2025.
Mr. Pravindra Singh Chauhan, Advocate General, Haryana,
assisted by Mr. Sanjeev Kaushik, Addl. A.G., Haryana and
Ms. Manreet Kaur, Advocate,
Ms. Amisha Rana, Advocate, and
Mr. Divyanshu Kaushik, Advocate.
*****
ASHWANI KUMAR MISHRA, J. (Oral)
Miscellaneous Applications filed on behalf of the parties in the following
review applications:-
S.No Review(s)
Impleadment Delay in filing/re-
filing Review(s)
Placing on record
II III IV V
1. RA-LP-19 -2024 CM-3718-LPA- 2024
CMs 8892, 4924, 7318-
LPA-2025 (by
intervenors) &
RA-LP-19-2024 (O&M) & other connected review applications [15]
3951-LPA-2025 & 215-
LPA-2025
2. RA-LP-22-2024 CM-3759-LPA-2024
3. RA-LP-24-2024 CM-3727-LPA-2024
4. RA-LP-25-2024 CM-3757-LPA-2024
5. RA-LP-26-2024 CM-3724-LPA-2024
6. RA-LP-29-2024
7. RA-LP-27-2024 CM-2126-LPA- 2025
&
CM-3758-LPA-2024
8. RA-LP-30-2024 CM-3707-LPA-2024
9. RA-LP-31-2024 CM-3716-LPA-2024
10. RA-LP-32-2024 CM-3719-LPA-2024
11. RA-LP-33-2024 CM-3723-LPA-2024
12. RA-LP-34-2024 CM-3728-LPA-2024
13. RA-LP-35-2024 CM-3733-LPA-2024
14. RA-LP-36-2024 CM-3752-LPA-2024
15. RA-LP-37-2024 CM-3773-LPA-2024
16. RA-LP-38-2024 CM-3782-LPA-2024
17. RA-LP-57-2024 CM-4580-LPA-2024
18. RA-LP-40-2024 CM-3798-LPA-2024
19. RA-LP-41-2024 CM-3815-LPA-2024 CMs 4913-LPA-2024,
214 & 6770-LPA of 2025
20. RA-LP-42-2024 CM-4914-LPA-2024 CM-3820-LPA-2024
21. RA-LP-43-2024 CM-3821-LPA-2024
22. RA-LP-44-2024 CM-3918-LPA-2024
23. RA-LP-45-2024 CM-3923-LPA-2024 CM-6769-LPA-2025
24. RA-LP-46-2024 CM-3940-LPA-2024
25. RA-LP-39-2024 CM-3794-LPA-2024
26. RA-LP-47-2024 CM-3950-LPA-2024
27. RA-LP-48-2024 CM-3955-LPA-2024
28. RA-LP-54-2024 CM-4456-LPA-2024
29. RA-LP-49-2024 CM-3990-LPA-2024
30. RA-LP-51-2024 CM-4054-LPA-2024
31. RA-LP-50-2024
32. RA-LP-56-2024 CM-4571-LPA-2024
33. RA-LP-58-2024 CM-4656-LPA-2024
34. RA-LP-66-2024 CM-5036-LPA-2024
35. RA-LP-63-2024 CM-4339-LPA-2024
36. RA-LP-73-2024 CM-5586-LPA of 2024 CMs 7505, 7319 a nd
7169-LPA of 2025
37. RA-LP-64-2024 CM-4861-LPA-2024
38. RA-LP-65-2024 CM-4971-LPA-2024
39. RA-CW-290-2024
in CWP 1563 of
2024
CM-10871-CWP-2024
40. RA-323-2024 in
CWP No. 1563 of
2024
CM-13106-CWP-2024
41. RA-LP-80-2024 CM-6584-LPA-2024
42. RA-LP-82-2024 CM-6759-LPA-2024
43. RA-LP-11-2025 CM-1220-LPA-2025
44. RA-LP-15-2025 CM-2292-LPA-2025
45. RA-LP-25-2025 CM-3364-LPA-2025
46. RA-LP-27-2025 CM-3487-LPA-2025
47. RA-LP-28-2025 CM-3499-LPA-2025
(filing)
CM-3498-LPA-2025
(re-filing)
48. RA-LP-45-2025 CM-4158-LPA-2025
49. RA-LP-43-2025 CM-4137-LPA-2025
50. RA-LP-44-2025 CM-4138-LPA-2025
51. RA-LP-42-2025 CM-4134-LPA-2025
52. RA-LP-38-2025 CM-4001-LPA-2025
53. RA-LP-37-2025 CM-3957-LPA-2025
54. RA-LP-81-2024 CM-6713-LPA-2025
RA-LP-19-2024 (O&M) & other connected review applications [16]
Delay Applications (mentioned at Column No.IV) These applications filed on behalf of the applicants seeking
condonation of delay in filing/re-filing of the review applications (mentioned
at Column No.II).
For the reasons mentioned in the applications, the same are
allowed and delay in filing/re-filing of the review applications is condoned.
Applications for impleadment (mentioned at column No.III)
For the reasons mentioned in the applications, the same are
allowed and the applicants, who have filed review applications in appeal, are
impleaded as appellants in the main appeal being LPA-1037-2023. The
applicants, who have filed review applications in writ petition, are impleaded
as petitioners in the writ petition being CWP No.1563 of 2024. Registry is
directed to do the needful.
Applications for placing on record (mentioned at Column No.V)
For the reasons enumerated in the applications, the same are
allowed and the documents annexed with the applications are taken on
record.
Applications for impleadment as intervenors
CM-7342-LPA-2025 & CM-7548-LPA-2025 in RA-LP-19-2024
CM-5059-LPA-2024 & CM-3949-LPA-2024 in RA-LP-31-2024
CM-5121-LPA-2024 in RA-LP-47-2024
CM-4964-LPA-2025 in RA-LP-11-2025
Applicants, in these applications, have already been heard in
detail as intervenors.
Accordingly, the CMs stand disposed of.
Review applications
1. By this common order, 57 review applications are being
disposed of, out of which 54 review applications arise out of LPA No.1037 of
RA-LP-19-2024 (O&M) & other connected review applications [17]
2023 and 3 review applications arise out of CWP No.1563 of 2024. LPA No.
1037 of 2023 and CWP No.1563 of 2024, along with other connected
matters, were earlier decided by the Division Bench of this Court by a
common judgment dated 31.05.2024.
2. The present review applications have been filed seeking review
of the final judgment dated 31.05.2024 passed in CWP No.1563 of 2024
(leading case) and other connected cases and LPA No.1037 of 2023, insofar
as it has set aside the selection of the review applicants who were appointed
to different posts across various Groups. The principal contention raised in
these review applications is that directing a fresh selection by re-examination
of the same set of candidates would be a futile exercise, inasmuch as all
Common Eligibility Test (for short, ‘CET’) qualified candidates who had
applied for the posts have already appeared in the CET-II and no candidate
was excluded from consideration.
3. Before adverting to the merits of the controversy, it is necessary
to recapitulate the relevant factual background.
4. The State of Haryana issued a notification dated 05.05.2022,
whereby a policy governing recruitment to Group-C and Group-D posts
through the Common Eligibility Test (CET), 2022 was notified. As per the
said policy, the CET was to be conducted for Group-C and Group-D posts by
the Haryana Staff Selection Commission (for short, ‘the Commission’) or any
other agency as may be decided by the Government of Haryana. The marks
obtained by a candidate in the CET were described as “CET Marks”.
5. Candidates qualifying the CET were further entitled to claim
weightage under the socio-economic criteria, if claimed and found
admissible. Such admissible weightage was to be added to the CET marks,
RA-LP-19-2024 (O&M) & other connected review applications [18]
and the aggregate so obtained was described as the “CET Score”. The inter se
merit of the candidates was to be determined on the basis of the CET Score.
6. Pursuant to it, the Commission issued Advertisement No. CET-
1/2022 dated 17.06.2022 for conducting the CET-I, which was held on
05/06.11.2022. It included ‘401’ different posts included in ‘63’ groups. The
result thereof was declared on 10.01.2023, announcing the CET Score of the
candidates. Thereafter, on 01.02.2023, the Commission issued a public notice
stipulating that candidates who had wrongly claimed marks under the socio-
economic criteria and whose claims had been erroneously allowed must
withdraw such claims, failing which their candidature would be rejected.
7. Subsequently, Advertisement No. 3/2023 dated 07.03.2023 was
issued for the CET-Mains Examination (for short, ‘CET-II’).
8. The merit list prepared on the basis of the CET Score was
challenged before this Court by filing CWP No.13370 of 2023, titled Rahul
v. State of Haryana, inter alia contending that the respondent-Commission
was proceeding with the selection in the written stage examination pursuant
to Advertisement dated 07.03.2023 without redressing the grievance that
weightage under the socio-economic criteria had been granted to ineligible
candidates, thereby causing prejudice to the petitioners. The said writ petition
was disposed of on 24.07.2023 on the basis of an undertaking given by the
State that a revised final CET result would be declared within a period of 2–3
weeks and only thereafter would the selection process pursuant to
Advertisement dated 07.03.2023 be initiated. On 25.07.2023, the respondents
published a revised CET Score and fixed the dates of the CET-II under
Advertisement dated 07.03.2023 as 05/06.08.2023 for Groups 56 and 57.
RA-LP-19-2024 (O&M) & other connected review applications [19]
9. Aggrieved thereby, the petitioner Rahul once again approached
this Court by filing CWP No. 16536 of 2023 contending that the CET Score
had been re-finalized without proper verification of claims under the socio-
economic criteria and that marks under the said head continued to be awarded
even to candidates who had withdrawn their claims. The said writ petition,
along with other connected petitions, was allowed by this Court vide
judgment dated 04.08.2023, wherein, inter alia, it was directed that a fresh
revised CET Score be published after due verification of all socio-economic
claims and that the written examination scheduled for 05/06.08.2023 for
Groups 56-57 should not be held on the basis of the set-aside merit list.
Relevant portion of judgment dated 4.8.2023 is reproduced as under:-
“Keeping in view the above, the present petitions are allowed
to the extent that the respondents will published a fresh revised
Common Eligibility Test score of the candidates, who have
appeared in the Common Eligibility Test and that too after due
verification of the claims of the candidates, who have sought
weightage under the Socio Economic Criteria as to whether,
any candidate, who is claiming the said benefit, is entitled for
the same or not. After verifying all the claims, the revised
Common Eligible Test Score will be published and thereafter,
the process of selection in pursuance to the Advertisement
dated 07.03.2023 will be undertaken by the Commission and
while undertaking the said process, the directions given
hereinbefore, will be followed with regard to the publishing the
roll numbers of the candidates, who are being called for written
examination against a particular cadre post as well as in the
different reserved categories of the said cadre along with the
marks obtained by the last candidate to be called for written
test in a particular category so as to eliminate any allegation
and to project the transparency and fairness in the selection.
RA-LP-19-2024 (O&M) & other connected review applications [20]
It may be noted that a written test is scheduled for
05/06.08.2023, which written test is based upon the revised
merit list dated 25.07.2023, which has already been set aside
hereinbefore, the respondent-Commission is directed not to
hold the written test scheduled for 05/06.08.2023 as the same is
going to cause prejudice to the candidates/petitioners and the
said written test should only be held after the revised merit list
of the Common Eligibility Test is published in terms of this
order.”
10. The aforesaid judgment dated 04.08.2023 was assailed by the
Commission by filing LPA No.1037 of 2023. The appeal was listed for the
first time on 05.08.2023, on which date the Division Bench, while issuing
notice of motion, permitted the examination to be conducted but directed that
the result thereof shall not be declared and shall remain subject to the final
outcome of the appeal.
11. During the pendency of the aforesaid appeal, one Sukriti Malik
filed CWP No.1563 of 2024 tilted as Sukriti Malik Versus State of Haryana
challenging the grant of bonus marks on the basis of socio-economic criteria,
both at the CET stage and in the subsequent selection examinations for
Group-C and Group-D posts. Since common questions of law were involved,
this petition along with LPA No.1037 of 2023 and other writ petitions were
clubbed and heard together. The entire batch of cases was finally decided by
a common judgment dated 31.05.2024, wherein the Division Bench issued,
inter alia, the following directions:
79. Keeping in view our aforementioned findings, we
conclude as under:-
A) The socio economic criteria introduced vide
amendment notification dated 05.05.2022 is quashed
and set aside. The bonus marks granted on the basis
RA-LP-19-2024 (O&M) & other connected review applications [21]
of socio economic criteria held to be violative of
Articles 14, 15 and 16 of the Constitution of India.
B) CET result declared on 10.01.2023 as well as
subsequent result dated 25.07.2023 are quashed. It is
directed that the fresh merit shall be now prepared
solely on the basis of the CET marks of the candidates
who have appeared in the same. Making it as a basis,
the State/Commission shall now issue a fresh
advertisement for filling up various posts and each
candidate shall be allowed to apply strictly in
accordance with the Rules for the posts and if more
than four times applicants are available for the posts,
the respondents may lay down a cut-off of the CET for
the purpose of participation. The Rules for
examination shall accordingly follow. The result shall
be declared accordingly.
C) Those candidates, who have been appointed on
various posts on the basis of the earlier result, shall
be allowed to participate in the fresh selection process
if they fall in the new merit list of the CET. Till fresh
selection is prepared they shall be allowed to continue
to perform their duties on the posts to which they have
appointed. However, if they are not selected ultimately
in the fresh process, they shall have to leave the posts
and their appointments shall stand terminated
forthwith. No right shall be created in their favour on
account of continuing on the posts nor will they be
entitled to claim any benefit on account of the same
except the salary for the period during which they
perform their duties.
D) Keeping in view our findings relating to
conducting of examination without declaring the
result of CET finally by the Commission, we direct the
Chief Secretary, Haryana to take steps to appoint a
suitable candidate having experience of conducting
RA-LP-19-2024 (O&M) & other connected review applications [22]
examinations as Secretary of the Haryana Staff
Selection like the Controller of Examinations of any
State Universities.
E) In order to maintain transparency and consistency,
the Commission is henceforth directed to frame Rules
of the Commission for conducting of its examinations
without leaving any discretion for its officials or
Members to take decisions on their whims and fancies
which has resulted in the present litigation.
F) The exercise shall be completed afresh positively
within a period of six months.
80. All the Writ Petitions are accordingly allowed and
all the LPAS are dismissed.
12. The judgment dated 31.05.2024 was carried in appeal by the
Commission before the Hon’ble Supreme Court of India. The Special Leave
Petitions (SLPs) were dismissed on 24.06.2024.
13. After the dismissal of SLP present review applications have
been filed, wherein notices have been issued. During the pendency of the
review applications, various affidavits have been filed by the State of
Haryana, pursuant to the orders passed by this Court from time to time.
14. At the outset, we may note a basic distinction, on facts,
regarding groups, wherein, selections were made. The earlier judgment of the
writ Court dated 04.08.2023 in Rahul (supra), arose out of an advertisement
dated 07.03.2023 for Group 56-57. The basic ground to set aside merit list in
the judgment dated 04.08.2023, was that without determining the correct
CET score, pursuant to earlier directions, issued in CWP-13370-2023, the
Commission had proceeded to conduct the CET-II. So far as the recruitment
against group 56-57 is concerned, the judgment of the Division Bench has
been acted upon and selection made in teeth of the judgment dated
RA-LP-19-2024 (O&M) & other connected review applications [23]
04.08.2023, is not assailed. To these aspects, the judgment dated 31.05.2024,
has attained finality. Fresh recruitment in respect of Group 56-57 is
conducted, thereafter and selections are made and given effect to. These
subsequent recruitment against Group 56-57 is not under challenge.
15. The review applicants consist of selected candidates who have
passed CET without availing the benefit of socio economic marks in the posts
included in 24 groups pursuant to CET-II. The review applicants state that
they have not availed the benefit of scoio-economic criteria and no illegality
has been pointed in their selection process. These applicants also state that
they were neither impleaded as party in the writ proceedings; appeal(s), nor
were heard before passing the orders. It is in the context of applications filed
by such persons that some of the candidates opposing their claim had
approached the Supreme Court, wherein a direction has been issued to hear
and decide the review applications on the date fixed. The bunch of review
applications had, however, been heard on 05.09.2025 but had to be adjourned
in order to invite further affidavits from the State/parties for better
appreciation of the factual issues.
16. The Review Applicants are aggrieved by the impugned final
order dated 31.05.2024 passed by this Hon’ble Court in bunch of cases
(leading case being CWP No.1563 of 2024) insofar as their appointments are
set aside without hearing them. Learned Senior counsel for the review-
applicants submit that the recruitment process qua the present groups
(excluding Group 56-57) has been set aside on a manifestly erroneous factual
premise, constituting an error apparent on the face of the record, and the
impugned judgment is liable to be reviewed insofar as it affects the review
applicants.
RA-LP-19-2024 (O&M) & other connected review applications [24]
17. Learned Senior Counsel for the review applicants submits that
the impugned judgment has been passed without affording any opportunity of
hearing to the Review Applicants. None of the selected candidates were
impleaded at any stage of the proceedings. It is submitted that for the groups
under review, the Commission issued due shortlisting notices mentioning the
roll numbers of shortlisted candidates and all eligible candidates were
permitted to participate in the written examination. No candidate was
deprived of participation. The shortlisting was interfered with only in respect
of certain non-technical groups (Group 56-57) and not qua the present
groups.
18. Learned Senior Counsel further submit that the recruitment has
been set aside on the erroneous premise that the review applicants had
availed benefit of socio-economic criteria marks. The said premise is
factually incorrect inasmuch as the socio-economic criteria under the CET
Policy dated 05.05.2022 already stood stayed by this Court on 16.11.2023 in
CWP No. 25781 of 2023 (Varun Bhardwaj v. State of Haryana & Ors.).
Consequently, no benefit of socio-economic criteria could have been granted
in the results declared on 05.02.2024 and 11.03.2024 respectively.
19. Learned Senior Counsel therefore submit that the observations
of the Division Bench from paragraph 52 onwards in the judgment under
review pertain exclusively to Group Nos. 56 and 57, which had an
exceptionally high candidate-to-post ratio and where socio-economic criteria
had a material bearing on short-listing. These groups have already been
re-advertised and after completion of selection, the result was declared on
17.10.2024, whereafter, candidates have joined, and the judgment stands
complied with to that extent. Whereas, the same does not hold true for the
RA-LP-19-2024 (O&M) & other connected review applications [25]
present groups wherein all eligible candidates participated in the examination
and no one was deprived to sit in the written examination. The present groups
are clearly distinguishable.
20. It is further submitted that in the present groups all eligible
candidates participated in the examination and no one was deprived of an
opportunity to compete. Moreover, since the socio-economic criteria stood
stayed prior to the relevant shortlisting, the question of any advantage being
conferred upon the review applicants does not arise.
21. Learned counsel submits that the Commission has filed a
categorical affidavit clarifying that no socio-economic criteria marks were
awarded to the Review Applicants and that they were selected purely on the
basis of their written examination marks. The Review Applicants fall within
the select zone even without the grant of any bonus marks and form part of
the common list of 10,233 candidates provisionally appointed pursuant to the
result dated 05.02.2024. It is further contended that in terms of Note-1
appended to the result dated 05.02.2024, only inter se change of posts has
been proposed in respect of some review applicants and no candidate has
been pushed out of the select zone, as is evident from the select list and the
affidavit filed by the Commission.
22. Learned counsel further submits that paragraphs 67 and 68 of
the impugned judgment proceed on an incorrect factual assumption that
socio-economic criteria marks up to 2.5 were included in the CET-II for the
present groups. The said assumption stands conclusively rebutted by the
Commission’s affidavit and the complete select list placed on record.
23. Learned Advocate General, Haryana submits that as per the CET
Policy dated 05.05.2022, recruitment for the advertised posts was to be
RA-LP-19-2024 (O&M) & other connected review applications [26]
conducted in two stages: CET-I, which was qualifying in nature, and CET-II,
consisting of skill and/or written examination. Candidates qualifying CET-I
were eligible to appear in CET-II, and final selection was to be made strictly
on merit in CET-II. Clause 7(v) of the Policy prescribes minimum eligibility
marks of 50% for general category candidates and 40% for reserved category
candidates, excluding socio-economic criteria.
24. CET-I was conducted on 05/06.11.2022 for approximately
7,73,000 candidates, out of which 3,59,146 candidates qualified for CET-II.
CET-II, advertised vide Advt. 03/2023, included 401 posts across 63 groups,
with similar educational qualifications clubbed together. In the posts included
in 24 groups, the number of eligible candidates were less than four-fifths of
the posts; consequently, all eligible candidates were allowed to appear for
CET-II, without any socio-economic marks being granted, as per affidavit
dated 10.9.2025. Selection in these groups was distinct from group 56-57
where the candidates were far more (much more than 5 times the post than
socio-economic criteria marks played a role).
25. Learned Advocate General, Haryana further submits that results
of CET-II were generated through a computerized algorithm based on marks,
reservation category, post eligibility, and preference, with no manual
intervention. Two lists were prepared, one with socio economic marks and
one without socio economic marks; 10,233 candidates were common to both
lists. The Commission declared results for these candidates on 05.02.2024,
without granting any socio-economic benefit, pending judicial
determination on the validity of the socio-economic criteria. He further
submits that at the time of declaration of result on 5.2.2024, the socio
economic marks/criteria was intact, though suspended by the Hon’ble court
RA-LP-19-2024 (O&M) & other connected review applications [27]
vide order dated 16.11.2023 passed in CWP No. 25781 of 2023, but was not
declared or set aside in any Court case by then.
26. Ld. State Counsel further submits that pursuant to the order
dated 14.11.2025, complete details of candidates were annexed in affidavit
dated 26.11.2025 wherein it is specifically stated that candidates were not
given marks for socio-economic criteria. Affidavit dated 26.11.2025 clarified
that minor changes in post allocation affected 554 candidates, category
allocation affected 207 candidates, and 232 additional candidates were
included whose results had earlier been withheld.
27. It is further submitted that regarding Groups 56-57, in CWP No.
16536/2023, the Single Bench set aside the short-listing dated 25.07.2023,
directing verification of socio-economic claims. On appeal (LPA No.
1037/2023), the Division Bench permitted the Commission to conduct the
examination subject to final adjudication. The results of these groups were
declared on 17.10.2024 without any socio-economic marks, and there is no
pending litigation concerning these selections. As regards the remaining 20
groups, the written examination process was completed, and appointment
letters were issued to meritorious candidates without considering socio-
economic criteria. The original writ petition only challenged the short-listing
based on CET scores, and there is no challenge to the conduct of CET-I or
CET-II, the CET Policy, or the method of awarding marks. The
Commission has consistently and transparently selected candidates solely on
the basis of merit in CET-I and CET-II, without granting any socio-economic
benefit, and there is no ground for interference in the present review
application. Affidavits dated 10.09.2025 & 12.11.2025 came to be filed on
RA-LP-19-2024 (O&M) & other connected review applications [28]
behalf of the respondent-State, the relevant extracts of the same are
reproduced hereinafter:-
FIRST AFFIDAVIT (dated 10.09.2025):
“That it is relevant to mention here that in another writ petition
bearing CWP No. 25781 of 2023 titled as Varun Bhardwaj us
State of Haryana, which pertains to challenge of CET policy
dated 05.05.2022, in as much as regarding grant of socio-
economic marks and the said criteria was stayed vide order
dated 16.11.2023. Though the said writ petition was pertaining
to Group D posts, the respondent commission could not
implement the socio-economic criteria and therefore, could not
grant the said marks in Group C posts too in any of the groups,
which are part of present bunch of review petitions. It is
submitted that similar other writ petitions were also filed and
the same was subsequently ordered to be heard together with
LPA No. 1037 of 2023.
15. That as far as 24 groups were concerned in which the total
applicants were less than 4/5 times of the number of posts, the
respondent-commission issued various public notices alongwith
list of eligible shortlisted candidates for the written examination
in the month of December 2023 and January 2024. The relevant
pages of of public notices dated 22.12.2023, 30.12.2023,
07.01.2024, 20.01.2024 and 10.02.2024 are attached herewith
as Annexure R-1/10 to R-1/14, respectively. Therefore, it is quite
clear that for each group amongst the above 24 groups, the list
of shortlisted candidates to appear for written examination was
duly published before conducting of the examination. It is
relevant to mention here that from the record it is clear that
none of the candidates who were issued roll numbers for CET
Phase-II Examination, were accorded any benefit of socio-
economic criteria which is evident from the records as well as in
any case the availability of candidates against each group was
less than 4/5 times as is evident from the table stated
hereinunder:-
RA-LP-19-2024 (O&M) & other connected review applications [29]
Where applicants are less than 4/5 times.
Group
No.
Name of
Group
No. of
posts
Applicants Shortlisted Ratio
16 Staff Nurse 1554 2328 2328 1.50 Result
out
17 Junior
Coach
192 436 436 2.27 Result
out
22 SA/ALM/Ele
ctrician
6576 15919 15919 2.42 Result
out
23 VLD 747 1506 1506 2.02 Result
out
30 Fire
Operator-
cum-Driver
2018 3853 3853 1.83 Result
out
32 MPHW 494 1168 1168 2.36 Result
out
43 Dispenser
Ayurveda
158 158 488 3.09 Result
out
47 Ophthalmic
Assistant
49 86 86 2.15 Result
out
48 Operation
Theater
Assistant
121 272 272 2.25 Result
out
Where eligible candidates are less than 4/5 times.
Group
No.
Name of the
Group
No.
of
posts
Applicants Eligible
candidates vis
a vis the
qualification
of the post
Shortlisted
candidates
Ratio
11 Dietician 26 365 65 65 2.50 Result out
12 Fire Station
Officer
8 755 34 34 4.25 Result out
13 Feature
Writer
AI&PRO
Posts
14 563 38 38 2.71 Result out
19 Boiler
Attendant
3 215 2 2 0.67 Result out
24 Sub Fire
Officer
33 671 60 60 1.82 Result out
28 Modeler 4 141 1 1 0.25 Result out
35 Labortatory
Technician
Veterinary
15 247 68 68 4.53 Result out
46 Dental
Hygienist
35 181 20 20 0.57 Result out
51 Motor
Winder
200 1125 127 127 0.64 Result out
52 Dispenser
(Unani)
4 123 10 10 2.50 Result out
55 Work
Supervisor
200 1125 127 127 0.64 Result out
20 Assistant
Manager
Dairying
168 1820 846 846 5.04 Result out
44 Radiographe
r
68 416 79 79 1.16 Result out
49B (10+2)
Science
Group
304 1757 630 630 2.07 Result out
50 Indian Cook 10 419 56 56 5.60 Result out
16. That pursuant to the holding of examinations for various
groups, the results of 20 groups were declared on 05.02.2024
and the result of remaining 04 groups alongwith revised result
RA-LP-19-2024 (O&M) & other connected review applications [30]
for 20 groups was published on 11.03.2024. The relevant pages
of the result declared on 05.02.2024 and 11.03.2024 are
annexed herewith as Annexure R-1/15 and R-1/16, respectively.
17. That as far as the contention w.r.t. awarding 2.5 marks
towards Socio-Economic Criteria to the review applicants is
concerned, in this regard, the Hon'ble Court has already sought
the information from the respondent-Commission vide order
dated 25.04.2025 to intimate about the marks obtained by the
review applicants with or without socio economic marks. The
operative part of order dated 25.04.2025 is reproduced as
under:-
"Before we proceed further on these review petitions, we
direct the State to file an affidavit with respect to the
review petitioners, who are before us, and inform their
marks which they obtained in CET without the benefit of
socio-economic criteria and the marks which were given
with benefits of socio-economic criteria at level one, and
similarly their marks in level two with and without socio-
economic criteria shall also be placed before us on the
next date of hearing."
In compliance of the above order, respondent-Commission has
filed the affidavit on 08 07 2025 and same may be read as part
and parcel of the present affidavit However, it is again
reiterated that no candidate who were found meritorious was
awarded 2.5 marks relating to socio-economic criteria. This fact
has also been clarified while issuing the results dated
05.02.2024 and 11.03.2024Annexure R-1/15 and R-1/16,
respectively, wherein, it is clarified that the selection of the
candidates is independent of their socio-economic marks.
18. That, thereafter, vide judgment dated 31.05.2024 passed
in the bunch of cases with main case, CWP No. 1563 of 2023
titled as Sukriti Malık Vs State of Haryana & Ors, (which
included the challenge to Socio-economic Criteria as per policy
dated 05.05.2022 and so also decided in the LPA No 1037 of
2023 filed against the judgment dated 04 08 2023 passed in
RA-LP-19-2024 (O&M) & other connected review applications [31]
CWP No. 16536 of 2023). the Hon'ble Division Bench had
quashed the result dated 10.01.2023 and 25.07.2023. The
Hon'ble Court further ordered to prepare fresh merit list solely
on the basis of CET marks i.e. without socio economic criteria.
19. That as far as the 24 groups were concerned as stated
earlier, the process of written examination and declaration
thereof was already completed and the appointment letters had
already been given to the meritorious candidates without taking
the socio-economic criteria marks into consideration The
respondent commission, however, in compliance of judgment
dated 31.05.2024, has issued notice dated 25.06.2024, wherein,
CET phase 1 score was declared after deleting the column
related to the socio-economic criteria marks. The copy of notice
dated 25.06 2024 is annexed herewith as Annexure R-1/17.
20. That for the group No. 56 & 57, the process of holding the
fresh examination was conducted through an advertisement
issued on 04/2024 dated 28 06 2024 and after conducting the
examination. the result was also declared on 17.10.2024
21. That it is again reiterated that the contents of affidavits filed
earlier by the answering respondent commission may kindly be
read as part and parcel of the present affidavit and the contents
of the same are not reproduced here for the sake of brevity and
this Hon'ble Court is requested to dispose of the petitions in
favour of the answering respondent Commission and in the
interest of justice, equity and good conscience.
SECOND AFFIDAVIT (dated 12.11.2025):
4. That the result is prepared through an algorithm based upon
the factors like marks of the candidate, reservation category,
eligibility for the post, preference order for the post etc. There is
no manual intervention in the process of result preparation
5. That in the present case, the Commission prepared two lists:
(i) One on the basis of giving the benefit of socio-economic
criteria marks, in which total 10493 candidates found place in
the selection zone against 12341 posts and
RA-LP-19-2024 (O&M) & other connected review applications [32]
(ii) Second, on the basis of without giving any benefit of socio-
economic criteria marks, in which total 10458candidates found
place in the selection zone against 12341 posts.
Then, the Commission compared both the lists and found that
total 10233 candidates were common to both the lists. It is
relevant to state here that at the relevant time of declaration of
result on 05.02.2024, the socio economic marks/criteria as
mentioned in Government Policy dated 05.05.2022 was intact,
though suspended by the Hon'ble Court vide order dated
16.11.2023 passed in CWP No. 25781 of 2023 titled as Varun
Bhardwaj Vs State of Haryana and another, but was not
declared unconstitutional or set aside in any Court case The
said orders were passed in terms of order dated 19.01.2023
passed in CWP No. 605 of 2023 titled as Arpit Gahlawat Vs
State of Haryana and others. The copies of order dated
16.11.2023 & 19.01.2023 are annexed herewith as Annexure R-
1/2 (colly). Since, the Socio Economic Criteria socio economic
criteria had not been set aside by the Hon'ble High Court at that
time, therefore, the Commission as a matter of abundant
caution, declared the result of only these 10233 candidates who
were common to both the lists For rest of the candidates, the
result along with the posts was withheld till the final decision
regarding the validity of socio-economic criteria is taken by
Hon'ble High Court. Therefore, it is quite clear that the
candidates selected in the result dated 05.02.2024 were selected
without getting the benefit of socio economic marks The same
was also duly mentioned in the result dated 05.02. 2024
(Annexure R-1/1) as "This is further clarified that the selection
of the below mentioned candidates is independent their socio-
economic marks."
That since the process of result preparation also involves the
allocation of posts based on factors like marks of the candidate
number of vacancies, reservation category, preference for the
post etc. therefore, the Commission faced a dilemma as to how
and which post is allocated to these 10233 candidates either on
RA-LP-19-2024 (O&M) & other connected review applications [33]
basis of the list prepared with socio-economic marks or the list
prepared without the benefit of socio-economic marks.
28. Learned Senior Counsel appearing for the applicants/interveners
submits that the review applications are founded on a patently false and
misleading premise, namely, that the result dated 05.02.2024 was
independent of the socio-economic criterias and that inclusion or exclusion of
the said criteria would have no bearing on the final outcome. The said
assertion is demonstrably incorrect. The affidavit dated 26.11.2025 filed by
the Commission itself discloses that the result has been amended and
revised and that several candidates, who were never earlier selected, now
stand included, thereby completely demolishing the said premise.
29. It is further submitted that the review applications also proceed
on an erroneous assumption that the recruitment process was set aside solely
on the ground that the socio-
economic criteria were declared
unconstitutional. This assumption stands conclusively negated by the
findings recorded by the Division Bench in paragraphs 61 to 71 of the
judgment rendered in LPA No. 1037 of 2023.
30. Learned Senior Counsel further submits that the Supreme Court
has already dismissed the SLP preferred by the State of Haryana, wherein the
very same contention was raised, i.e. that certain candidates, including
persons similarly situated as the present review applicants, had been selected
without availing the benefit of socio-economic criteria. The said contention
having been rejected, the present review petitions, founded on identical
grounds, are not maintainable.
31. It is also submitted that the results sought to be protected
through the present review petitions were declared and appointments were
RA-LP-19-2024 (O&M) & other connected review applications [34]
made only under the cover of interim orders passed by this Hon’ble Court. It
is settled law that no equity can be claimed on the basis of acts performed
under interim orders and that all such actions remain subject to the final
adjudication of the lis.
32. Since the writ petitions challenging the selection process were
instituted prior to the issuance of any appointment orders, there was no
requirement to implead the present applicants, whose appointments came to
be made subsequently and were, in any event, always subject to the final
outcome of the CWPs and LPAs. The present review applicants consciously
chose to remain fence-sitters and, having awaited the outcome of the Letters
Patent Appeals, have now filed the present review petitions as a clear
afterthought.
33. It is further submitted that the State of Haryana has failed to
comply with the interim order dated 14.11.2025, inasmuch as the selection
list on the basis of which appointments were made has not been placed on
record. The affidavit dated 26.11.2025 incorrectly describes the examination
as being merely qualifying in nature. The policy as well as the advertisement
mandated shortlisting and categorically provided that candidates beyond four
times the number of advertised posts were ineligible to appear in CET-II. By
dispensing with the mandatory shortlisting exercise, the Commission illegally
permitted ineligible candidates to appear in CET-II and secure appointments.
34. The interim orders only permitted the State to proceed with the
selection process, expressly subject to the final outcome of the LPAs. Till
date, the original and final selection list has neither been published in the
public domain nor produced before this Court. On the contrary, the lists an-
nexed with the affidavit dated 26.11.2025 reveal that the post allocation of as
RA-LP-19-2024 (O&M) & other connected review applications [35]
many as 554 candidates has been altered and the category of selection of 207
candidates has been changed.
35. At the outset, we may deal with an objection raised on behalf of
the intervenors regarding the maintainability of the review applications(s). It
is contended that the judgment under review, dated 31.05.2024, was
unsuccessfully challenged by the State by filing a SLP, which came to be
dismissed vide the following orders:-
“After having heard the learned Attorney General for India
appearing for the petitioners and after perusing the impugned
judgment, we find no error in the impugned judgment. The
Special Leave Petitions are accordingly dismissed.”
36.
It is, therefore, contended that the Division Bench judgment of
this Court has merged with the order of the Supreme Court and that,
therefore, a subsequent review application before this Court would not be
maintainable. The objection raised with regard to the maintainability of the
review application proceeds on a misconstruction of the legal position
operating in the field. It is only where the judgment of the High Court has
been challenged in a SLP before the Supreme Court, which was decided after
the grant of leave, that the principle of merger would essentially get attracted.
In Kunhayammed vs. State of Kerala, 2000 (6) SCC 359, this issue came up
before the Supreme Court. After elaborately examining the matter in issue,
the Court proceeded to lay down the following principles in paragraph No.
44, which are reproduced below:-
“44. To sum up, our conclusions are:
(i) Where an appeal or revision is provided against an order
passed by a court, tribunal or any other authority before supe-
RA-LP-19-2024 (O&M) & other connected review applications [36]
rior forum and such superior forum modifies, reverses or affirms
the decision put in issue before it, the decision by the subordi-
nate forum merges in the decision by the superior forum and it is
the latter which subsists, remains operative and is capable of
enforcement in the eye of law.
(ii) The jurisdiction conferred by Article 136 of the Constitution
is divisible into two stages. The first stage is upto the disposal of
prayer for special leave to file an appeal. The second stage
commences if and when the leave to appeal is granted and the
special leave petition is converted into an appeal.
(iii) The doctrine of merger is not a doctrine of universal or
unlimited application. It will depend on the nature of jurisdiction
exercised by the superior forum and the content or
subject-matter of challenge laid or capable of being laid shall be
determinative of the applicability of merger. The superior
jurisdiction should be capable of reversing, modifying or
affirming the order put in issue before it. Under Article 136 of
the Constitution the Supreme Court may reverse, modify or
affirm the judgment-decree or order appealed against while
exercising its appellate jurisdiction and not while exercising the
discretionary jurisdiction disposing of petition for special leave
to appeal. The doctrine of merger can therefore be applied to the
former and not to the latter.
(iv) An order refusing special leave to appeal may be a
non-speaking order or a speaking one. In either case it does not
attract the doctrine of merger. An order refusing special leave to
appeal does not stand substituted in place of the order under
challenge. All that it means is that the Court was not inclined to
exercise its discretion so as to allow the appeal being filed.
(v) If the order refusing leave to appeal is a speaking order, i.e.,
gives reasons for refusing the grant of leave, then the order has
two implications. Firstly, the statement of law contained in the
RA-LP-19-2024 (O&M) & other connected review applications [37]
order is a declaration of law by the Supreme Court within the
meaning of Article 141 of the Constitution. Secondly, other than
the declaration of law, whatever is stated in the order are the
findings recorded by the Supreme Court which would bind the
parties thereto and also the court, tribunal or authority in any
proceedings subsequent thereto by way of judicial discipline, the
Supreme Court being the Apex Court of the country. But, this
does not amount to saying that the order of the court, tribunal or
authority below has stood merged in the order of the Supreme
Court rejecting the special leave petition or that the order of the
Supreme Court is the only order binding as res judicata in sub-
sequent proceedings between the parties.
(vi) Once leave to appeal has been granted and appellate
jurisdiction of Supreme Court has been invoked the order passed
in appeal would attract the doctrine of merger; the order may be
of reversal, modification or merely affirmation.
(vii) On an appeal having been preferred or a petition seeking
leave to appeal having been converted into an appeal before the
Supreme Court the jurisdiction of High Court to entertain a re-
view petition is lost thereafter as provided by sub-rule (1) of
Rule 1 of Order 47 CPC. ”
37. The judgment in Kunhayammed (supra) has been followed by
subsequent three-Judge Bench of Supreme Court in Khoday Distilleries Ltd
(now known as Kooday India Ltd) and others vs. Sri Mahadeshwara
Sahakara Sakkare Karkhane Ltd., 2019 (4) SCC 376 and the Court held as
under:-
“103. A subsequent three-Judge Bench in Khoday Distilleries
Limited v. Sri Mahadeshwara Sahakara Sakkare Karkhane
Limited, Kollegal (2019) 4 SCC 376 succinctly summarized
what was held in Kunhayammed (supra) in the following words:
RA-LP-19-2024 (O&M) & other connected review applications [38]
20. The Court thereafter analysed number of cases where orders
of different nature were passed and dealt with these judgments
by classifying them in the following categories:
(i) Dismissal at the stage of special leave petition—without
reasons—no res judicata, no merger.
(ii) Dismissal of the special leave petition by speaking or
reasoned order—no merger, but rule of discipline and Article
141 attracted.
(iii) Leave granted—dismissal without reasons—merger
results.”
38. The principles with regard to merger have been elaborately
considered of late in Vishnu Vardhan @ Vishnu Pradhan vs. State of Uttar
Pradesh, 2025 SCC OnLine SC 1501. Though this case was, to a certain
extent, distinguishable, as the earlier judgment was found to be a result of
fraud, the Court nonetheless went into the issue and observed that to merge
means to sink or disappear into something else; to become absorbed or
extinguished, or to be combined or swallowed up. In paragraphs Nos. 110,
121, and 122, the three-Judge Bench in Vishnu Vardhan @ Vishnu Pradhan
(supra) has held as under:-
“110. The upshot of the aforesaid discussion is that when an
appeal is limited to a specific part of the judgment and order of
the first-instance court, the merger occurs only to that extent,
leaving the rest intact and available for future consideration.
The extent of merger is determined by the subject matter of the
appeal. The merger can only operate on issues which were the
subject-matter of the appellate court's judgment and order and
cannot have any application to issues which are not being taken
on appeal by either party or which had not been touched upon
by the appellate court.
RA-LP-19-2024 (O&M) & other connected review applications [39]
*****
121. There is one other exception to the doctrine of merger.
Nowadays, it is not a rarity to find that petitions involving
similar, though not identical, issues are clubbed together and
disposed of by a common judgment and order. If such a
judgment and order is unsuccessfully challenged before a
superior court by one of the petitioners to the proceedings, and
such a challenge fails, the doctrine of merger may not apply
when another set of petitioners challenges the same (common)
judgment and order; if the second set of petitioners are able to
demonstrate that the case run by them is not identical (though
bearing resemblance) with the proceedings already decided, it
would still be open for the superior court to entertain the
challenge and rule in a manner different from the earlier
proceedings.
122. Thus, the application of the doctrine of merger, in every
case, should be accompanied by an awareness of its limitations
and should not be wielded to close avenues for addressing
genuine concerns. Prioritizing justice and fairness should
supersede an absolute insistence on finality. While the latter is
commendable, the former is superior. These doctrines, even
though are grounded in sound and justifiable public policy
arguments, yet, do not limit the powers of the courts in cases
where larger public interest is at stake. They have been adapted
to accommodate exceptions and qualifications, leaving room for
acknowledging special circumstances, particularly in matters of
public significance.”
39. Viewed in the light of the aforesaid authoritative
pronouncements on the doctrine of merger, we have no hesitation in rejecting
the objection raised to the maintainability of the review applications on the
ground of merger. First and foremost, we have noticed that the judgment
under review, though challenged before the Supreme Court, neither resulted
RA-LP-19-2024 (O&M) & other connected review applications [40]
in the grant of leave nor involved any expression of views on the merits by
the Court, such that the principle of merger could be pressed into service.
Mere summary dismissal of an SLP would not otherwise attract the principle
of merger, in view of the law laid down in Kunhayammed (supra), which has
consistently been followed ever since.
40.
This take us to the merits of the review applications.
41. The submissions advanced on merits have been noticed
threadbare. The judgment under review has examined the questions raised
primarily in two parts. The first part relates to the award of additional marks
under the socio economic criteria. On this aspect, no issue has been raised,
and therefore, the conclusions drawn by the Division Bench holding the
award of marks under the socio economic criteria to be bad do not require
any consideration. The conclusions of the Division Bench, on this aspect,
have become final. The next part relates to the process by which the denial of
socio economic criteria marks was excluded while effecting selection. It is
this part of the judgment which is in issue.
42. The review applicants have primarily urged that the selection
made in respect of the posts included in 24 groups merited no interference, as
the selection was not based upon the award of any benefit under the socio
economic criteria. The review applicants contend that the deficiencies point-
ed out by the Division Bench in its judgment related only to Groups 56-57,
and such deficiencies could not have been presumed in respect of the posts
included in 24 groups, nor did the appointments made in those 24 groups re-
quire any interference.
43. We have elaborately examined the scheme of recruitment
delineated in the notification dated 05.05.2022. The policy document
RA-LP-19-2024 (O&M) & other connected review applications [41]
contemplated the holding of CET, 2022. As per the policy, the CET was to be
conducted for Group C and D posts by the Commission or any other agency
as may be decided by the Government. In terms of such policy document, the
recruitment herein has been made by the Commission. The first phase of
recruitment related to passing the CET. The candidates had to score 50%
marks in the CET in order to become eligible to appear in the CET-II. For
reserved category candidates, the marks required to be scored were 40%.
Five additional marks were to be awarded under the socio-economic criteria.
When a candidate obtained any marks under the socio-economic criteria,
such marks were to be added to the CET marks, and the aggregate, including
the socio-economic marks, was called the CET score.
44. It would be worthwhile to reproduce the scorecard for CET-I
result of one of the candidates, Sunil Kumar, which is on record. We deem it
appropriate to extract it as it would clarify the manner in which marks were
allocated to each candidate in CET-I:-
RA-LP-19-2024 (O&M) & other connected review applications [42]
45. The scorecard for the CET clearly indicated that the candidates
were separately shown the CET marks scored by them, while the
socio-economic criteria marks were indicated separately in the scorecard. So
far as the CET marks are concerned, the candidates had to score 50% marks
in the General Category out of 95 marks, which works out to 47.5. For
reserved category candidates, the marks required to qualify in the CET were
40% of 95 marks, which would work out to 38. Similarly, for the CET-II al-
so, marks were shown separately, with or without socio-economic criteria.
The Division Bench, while delivering the judgment under review, had taken
note of the steps taken by the Commission requiring the candidates to specify
whether they wanted to take the benefit of socio-economic criteria marks or
not. Affidavits were required to be submitted by the candidates in this regard.
The Division Bench observed that affidavits/undertakings by candidates
opting to give up the socio-economic criteria marks continued to be received
until much later, by which time the second phase of recruitment had
commenced. The Court was accordingly of the view that the merit list of
candidates clearing the CET-I was not correctly drawn by restricting the mer-
it only to the CET marks obtained out of a maximum of 95 marks (ex-
cluding socio-economic criteria marks). The Court, therefore, opined that the
recruitment process specified that candidates to the extent of 4-5 times (de-
pending upon the group) could be called to appear in the CET-II based upon
the marks obtained in CET-I. In Groups 56-57, the number of appli-
cants was far more than 4–5 times, and therefore, any lack of clarity in the
preparation of merit at the first stage of recruitment had a bearing on the se-
lection itself. The observations and findings of the Division Bench that the
merit list was not drawn on the basis of CET marks (excluding marks
RA-LP-19-2024 (O&M) & other connected review applications [43]
towards socio-economic criteria) were in the context of Groups 56-57, and
the findings, to the extent of Groups 56-57, were therefore based on the
material available on record. To the extent of Groups 56-57, the merit list
having not been properly prepared, the result declared by the Commission in
the CET-II was rightly interfered with. The judgment under review,
therefore, requires no interference insofar as it relates to the recruitment of
Groups 56-57.
46. The Division Bench judgment, however, has not restricted its
findings to the extent of Groups 56-57 alone, and based on such findings; the
recruitment made for other groups has also been set at naught. The basis for
filing the review applications is the contention that, in respect of the posts
included in 24 groups, the candidates who qualified for CET-II were fewer
than 4-5 times, and therefore, the award of socio-economic criteria marks had
no bearing on the merit for being called to CET-II. The applicants have
categorically stated that, in respect of the posts included in 24 groups, under
which the review applicants have been selected and appointed, the candidates
available to take part in CET-II were fewer than 4-5 times, as specifically
noticed in the chart mentioned in paragraph 62 of the judgment itself. The
review applicants have further categorically stated that the selection to the
posts included in 24 Groups was made without availing of marks under the
socio-economic criteria. The State, as well as the Commission, has also
emphatically stated that none of the selected candidates in the posts included
in 24 groups actually availed marks under the socio-economic criteria. The
specific assertions made in the respective affidavits filed by the review
applicants, the State, and the Commission have not been shown to be
incorrect.
RA-LP-19-2024 (O&M) & other connected review applications [44]
47. Although the intervenors opposing the prayer for review have
attempted to dispute the assertions made on behalf of the review appli-
cants/State of Haryana/Commission, their objections are primarily based up-
on their apprehensions and analysis of figures. We have carefully perused the
records in light of the stand of the parties and are of the opinion that, in re-
spect of the posts included in 24 groups, wherein the review applicants have
been selected and appointed, the candidates available for appearing in
CET-II were fewer by 4-5 times.
48. Since the candidates available for appearing in CET-II of
recruitment for the posts included in 24 groups were fewer than the
permissible number, i.e., by 4-5 times, the question of excluding any candi-
date on account of the award of marks under the socio-economic criteria
would not arise. Even otherwise, we have no reason to doubt the specific
stand of the Commission and the State that none of the persons selected in the
posts included in 24 groups availed of marks under the head of socio-
economic criteria.
49. We find substance in the contention of the review applicants that
the distinction drawn on the facts between the recruitment made for Groups
56-57 and the posts included in 24 groups have been overlooked. The
observations and findings recorded in the judgment under review in para-
graphs Nos. 61-71, therefore, could not have formed the basis to set aside the
recruitment made in respect of the following two categories of cases:-
(i) Where the applicants were less by 4-5 times (chart re
produced above) &
(ii) Where eligible candidates were less by 4-5 times (chart
reproduced above).
RA-LP-19-2024 (O&M) & other connected review applications [45]
50. In respect of the posts included in 24 groups, the socio economic
criteria marks could not have made any difference in shortlisting the
candidates to be called for the CET-II. We also find that the observation
contained in paragraph 63 of the judgment under review, stating that eligible
shortlisted candidates were even fewer than the number of posts, or that other
candidates could not apply on account of their lower CET score, or that
candidates were merged over others on account of socio-economic criteria, is
based on no evidence on record.
51. None of the intervenors opposing the review applications have
shown that any candidate was denied the opportunity to appear in CET-II
despite having scored 50% or more in CET-I marks. The basis to quash the
recruitment made to the posts included in 24 groups, therefore, requires
review.
52. During the course of hearing, we directed the Commission to file
a specific affidavit placing on record the selection list of CET-I and CET-II
exams, specifying the roll numbers/names of candidates, the CET marks, as
well as the cut-off in each group/category on the basis of which appointments
have been made. Paragraph 11 of the order dated 14.11.2025 passed by us is
again reproduced:-
“11. Though the respondents state that they have prepared the
select list and made appointments without ‘socio economic
criteria’ marks yet as the statement is disputed, we direct the
respondents/Commission to file a further affidavit placing on
record the select list in CET-I and CET-II exam, specifying the
roll number/name of candidates/CET marks as also the cut-off
in each group/category on the basis of which appointments have
been made.”
RA-LP-19-2024 (O&M) & other connected review applications [46]
53. The Secretary of the Commission has filed his affidavit dated
26.11.2025 stating as under:-
“That the requisite details of the candidates along with their
CET marks obtained by them in CET-I and CET-II exam are as
under:-
a) CET-I Applications were invited by the Haryana Staff
Selection Commission for CET-I exam vide Advt. No. 01/2022.
CET-1 exam was qualifying in nature i.e. the candidate who
belongs to general category was required to obtain 50% marks
and the reserve category candidate was required to obtain 40%
marks in the written examination without any weightage of
socio-economic marks, to further qualify to appear in the CET-II
exam. The candidate of general category had to obtain 47.5
marks and the candidate of reserved category had to obtain 38
marks out of 95 marks.
The written examination was held on on 05.11.2022 &
06.11.2022 in total four shifts and the result was declared on
10.01.2023, which the candidate can access on his/her login ID
by visiting the official portal of the Commission. Total 3,59,147
candidates provisionally qualified the written exam. Therefore,
the CET-I is only a qualifying exam, after which the qualified
candidates become eligible to apply for the posts which are
published and for which written examination i.e. CET-II is
conducted.
b) Thereafter, the Commission invited applications for CET-II
exam vide Advt. No. 3/2023 on 07.03.2023 for Group-C posts in
various Departments/Boards/Corporations, which were
bifurcated into 401 categories in 63 groups. Total 3,20,132
candidates out of 3,59,147 qualified candidates of CET-I, had
applied for these 401 categories in 63 groups, with each group
having posts of similar qualification.
However, so far as 24 groups in question are concerned, the
number of candidates applied in 09 groups viz. group No. 16,
17, 22, 23, 30, 32, 43, 47 & 48 were less than four times of the
number of advertised posts in these groups. In rest of 15 groups
viz. 11, 12, 13, 19, 24, 28, 35, 46, 51, 52, 55, 20, 44, 49B & 50,
although the number of candidates applied for the post were
more than 4/5 times of the advertised posts but the number of
candidates who fulfilled the eligibility criteria were less than 4/5
times of the advertised posts, in accordance to Proviso 9(i) of
CET Policy dated 05.05.2022. The name, roll number, category,
CET marks etc. of these candidates are annexed herewith as
RA-LP-19-2024 (O&M) & other connected review applications [47]
Annexure R-1/1. From the perusal of select list/shortlisted of the
candidates, it is clearly revealed that all these candidates had
qualified the eligibility criteria by scoring 50% & 40% or more
marks in the written examination without getting any benefit of
socio-economic marks i.e. the candidates of general category
had obtained 47.5 marks or more and the candidates of reserved
category had obtained 38 marks or more out of 95 marks.
c) CET-II- As in the case of CET-1 exam, in the CET-II exam al-
so the candidates were required to obtain minimum 50% marks
for general category and 40% marks for reserved category out
of 97.5 marks to qualify the exam. After, obtaining the requisite
qualifying marks, the candidate was further eligible for socio-
economic marks i.e. 2.5 marks. The written examinations for 24
groups in question were held on different dates in the months of
December, 2023 & January, 2024. The result of total 10,233
candidates common in both the lists, prepared with or without
socio-economic marks, was declared on 05.02.2024, as at that
time socio-economic criteria was not declared unconstitutional
by the Hon'ble Division Bench. However, after quashing of the
socio-economic criteria the select list has been prepared only on
the basis of CET marks scored by the candidates in CET II exam
without getting any benefit of socio-economic marks. Total
10,458 candidates against 12,341 posts have found place in the
select list, including 10,233 common candidates mentioned
above, meaning thereby 1883 posts remaining vacant out of total
12,341 posts. The result of 07 candidates has been withheld/kept
in sealed cover in compliance of the directions issued by the
Hon'ble Court. The select list of 10,458 candidates is annexed
herewith as Annexure R-1/2. As such, from the above given facts
it can be safely and unequivocally said that the candidates men-
tioned in Annexure R-1/1 & 1/2, have found place in the select
list without getting benefit of socio-economic marks and they
have been selected on the basis of their CET marks only in both
the exam i.e. CET-I and CET-II.”
54. It appears that, in the judgment under review, this Court was pri-
marily guided by the facts brought on record in respect of Groups 56-57 and,
relying upon such facts, the recruitment made in respect of the posts included
in 24 groups was also quashed without appreciating the distinguishing facts
between the recruitment for Groups 56-57 and Group 24. This oversight led
RA-LP-19-2024 (O&M) & other connected review applications [48]
the Court to quash the recruitment made in respect of posts falling in the
posts included in 24 groups.
55. Moreover, pursuant to the liberty granted in the pending LPA,
the recruitment to the posts included in 24 groups had not only proceeded but
was also finalized and given effect to. Such selected candidates have been
working for some time now. None of these selected candidates were im-
pleaded as parties, nor were they given any opportunity to clarify facts relat-
ing to their appointment. We, therefore, find that prejudice has been caused
to the review applicants on account of their non-impleadment, notwithstand-
ing the fact that the recruitment was otherwise subject to pending proceed-
ings before this Court.
56. Despite repeated opportunities granted to the intervenors oppos-
ing the prayer for review, not a single instance has been brought to our notice
where a candidate qualifying in the CET-I was denied the opportunity to
appear in the CET-II on account of low marks, in the posts included in 24
Groups. Marks under socio economic criteria head had thus, otherwise no
impact on the merit list based on CET-I exam, for being called to appear in
CET-II. The Division Bench, therefore, erred in quashing the CET results
declared on 10.01.2023 and 25.07.2023 and in directing the Commission to
prepare a fresh merit list solely on the basis of CET marks of the candidates
who appeared in the recruitment. The consequential direction to issue a fresh
advertisement for CET-II or to declare the cut-off for participation also
requires review. The observations made in the judgment dated 31.05.2024 to
frame rules for the conduct of recruitment by the Commission, restricting the
discretion of its officers or members, shall, at best, be directory in nature and
shall apply to future recruitment. The candidates selected and appointed
RA-LP-19-2024 (O&M) & other connected review applications [49]
against the posts included in 24 groups shall be allowed to continue in service
in accordance with law.
57. No other illegality/shortcoming in the recruitment process has
been highlighted in the judgment under review for quashing the selections
and appointments made in respect of the posts included in 24 groups.
58.
These review applications are accordingly disposed of.
59.
All pending miscellaneous applications, if any, shall also stand
disposed of.
60. A photocopy of this order be placed on the files of other con-
nected cases.
[ASHWANI KUMAR MISHRA]
JUDGE
[SUDEEPTI SHARMA]
JUDGE
MARCH 27, 2026
Ess Kay/rajesh/Rahul Joshi
1. Whether speaking/reasoned? : Yes/No
2. Whether reportable? : Yes/No
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