Chandigarh, Feb 22: Candidates who utilize category-based concessions during initial examination stages forfeit the right to be adjusted against general category seats, the Punjab and Haryana High Court has affirmed. The ruling came as Justice Harpreet Singh Brar rejected a petition from a candidate who argued that his later performance should allow him to move to an unreserved post despite using a relaxed cut-off in the screening phase.
The court asserted that the argument that screening tests are inconsequential because their marks are not carried forward is “fundamentally misconceived.” Justice Brar declared that clearing a threshold via relaxation directly enables a candidate to proceed, thereby conferring a tangible benefit that cannot be ignored in the final selection. He stated that any candidate who takes a relaxation in age, qualification, or marks is “deemed as unavailable for consideration against unreserved posts.”
Citing the Supreme Court judgment in “Union of India v. G. Kiran & Ors,” the court maintained that the legal position on this matter is authoritative and clear. The High Court declared that the advertisement for the post of Assistant Environmental Engineer specifically stated that candidates using relaxed standards would be counted only against reserved vacancies. The court affirmed that these conditions are essential to maintaining the integrity of the tiered selection process.
Furthermore, the court noted that the petitioner’s failure to secure a spot did not grant him the right to question the selection process after the fact. Justice Brar declared that a candidate who takes part in a recruitment drive without objection is disentitled from challenging the criteria once they are found unsuccessful. The ruling concludes that the candidate was rightfully restricted to the BC-B category, as he had relied on its lower qualifying marks during the initial stage of the examination.
