VISHVADITYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case has been heard through video conferencing on account of COVID-19 Pandemic.

(2.) The petitioner has filed this petition under Article 226/227 of the Constitution seeking writ of Certiorari/Mandamus for quashing/modification of Rule 12(2)(b) of Haryana Civil Services (Executive and Allied Services) Rules 2008 (in short 'Rules of 2008') (Annexure P-9) and condition No.14 of Advertisement No.3/21 dtd. 26/2/2021 (Annexure P-3) issued by respondent No.2-The Haryana Public Service Commission (in short 'HPSC') whereby applications were invited for posts of Haryana Civil Services (Executive) and Allied Services through a competitive examination, wherein the cut off date prescribed for possessing minimum educational qualification for appearing in the aforesaid examination was arbitrarily and unlawfully fixed as 2/4/2021 i.e. last date fixed for submission of applications.

(3.) The plea of the petitioner is that as per impugned condition No.14 of advertisement (Annexure P-3) candidate must possess a Bachelor degree in Arts/Science/Commerce or an equivalent degree from a recognized University as on 2/4/2021. The said condition debars all the students including the petitioner, who are to appear in final year examination of bachelor's degree, from applying for the aforesaid competitive examination. On the contrary all such students including the petitioner are eligible to appear in Civil Services Examination conducted by Union Public Service Commission (in short 'UPSC') as is clear from examination notice No.04/2021-CSP (Annexure P-4) whereby applications were called from eligible candidates till 24/3/2021. Even in other States, the candidates who are appearing in their final bachelor's degree examination are eligible to appear in State Civil Services (Executive Branch) examination.