Ankit And Ors vs State Of Haryana And Ors on 4 August, 2026

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    Punjab-Haryana High Court

    Ankit And Ors vs State Of Haryana And Ors on 4 August, 2026

                      116                            IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                                 AT CHANDIGARH
    
                                                                                      CWP-22827-2026
                                                                                      Date of decision: 04.08.2026
    
                      Ankit and others                                                                  ....Petitioners
    
                                                                           Versus
                      State of Haryana and others                                                      ...Respondents
    
                      CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
    
                      Present:                       Mr. Sarthak Gupta, Advocate
                                                     for the petitioners.
    
                                                     Mr. Naveen Singh Panwar, DAG, Haryana.
    
                                                     Mr. Kanwal Goyal, Advocate
                                                     for the respondent(s)-HPSC.
    
                      HARPREET SINGH BRAR, J. (ORAL)
    

    1. The present civil writ petition has been filed under Articles

    226/227 of the Constitution of India for issuance of a writ in the nature of

    SPONSORED

    certiorari to quash the memorandum dated 11.11.2022 (Annexure P-1) issued

    by respondent No.1, advertisement dated 02.08.2024 (Annexure P-2) issued by

    respondent No.2, the final result dated 12.02.2026 and result-II dated

    17.04.2026 (Annexure P-3) declared by respondent No.2 and the provisional

    appointment order dated 08.05.2026 (Annexure P-4) issued by respondent

    No.1. Further, for issuance of a writ in the nature of mandamus directing the

    respondents to conduct the selection process for the post of Assistant Professor

    (College Cadre)-Hindi afresh, strictly in accordance with the UGC Regulations,

    2018 as well as praying for grant of ad interim stay of the operation and effect

    of the impugned appointment order dated 08.05.2026 (Annexure P-4).

    2. Learned counsel for the petitioners inter alia contends that the

    NEHA
    2026.08.06 17:53
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    document
    Punjab and Haryana High Court,
    Chandigarh
    CWP-22827-2026 -2-

    petitioners participated in the selection process initiated pursuant to

    advertisement No.52/2024 published on 02.08.2024 (Annexure P-2). He refers

    to the memorandum dated 11.11.2022 (Annexure P-1) issued by the

    Government of Haryana purportedly adopting UGC Regulations. However, the

    criteria determined by the UGC was deviated and a Subject Knowledge Test

    was conducted, whereas, the UGC Regulations provide that an appointment is

    to be made on the basis of an interview. As such, the case of the petitioners is

    squarely covered by the judgment rendered by this Court in CWP No.661 of

    2026 titled as Asha Rani and others Vs. State of Haryana and another along

    with bunch of connected cases decided on 12.05.2026 (Annexure P-5) wherein,

    reliance has been placed upon the judgment rendered by the Hon’ble Supreme

    Court in Mandeep Singh and others Vs. State of Punjab and others, 2025

    INSC 834 and the memorandum dated 11.11.2022 (Annexure P-1) having been

    declared illegal, the identical selection process for Assistant Professor (English)

    under Advertisement No.48 of 2024 was set aside.

    3. Learned counsel for the petitioners has further argued that

    Advertisement No.52/2024 has its genesis in the very same Memorandum dated

    11.11.2022 and incorporates an identical selection mechanism, which already

    stands declared unlawful by this Court and as such, the entire selection process

    arising out of Advertisement No.52/2024 is inherently vitiated, void ab initio

    and liable to be set-aside on the principle of complete parity with the petitioners

    in Asha Rani‘s case (supra).

    4. Learned counsel for the petitioners has further argued that the

    petitioners are not estopped from questioning the legality of the selection

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    Punjab and Haryana High Court,
    Chandigarh
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    process merely because they participated therein. In this regard, reliance has

    been placed upon the judgment rendered by the Hon’ble Supreme Court in Dr.

    (Major) Meeta Sahai v. State of Bihar, (2019) 20 SCC 17, wherein it has been

    held that participation in a selection process does not bar a candidate from

    challenging a process which is fundamentally illegal.

    5. Per contra, learned State counsel and the respondent/Commission

    opposes the submissions made by learned counsel for the petitioners. Learned

    counsel for respondent/Commission have argued that the Haryana Public

    Service Commission is well within its statutory and administrative powers has

    prescribed a written examination comprising the Screening Test and Subject

    Knowledge Test (SKT) for the purpose of shortlisting and assessing the

    comparative merit of a large number of candidates applying for the academic

    posts. Learned counsel for respondent/Commission have further submitted that

    the eligibility conditions, minimum qualifying marks and various stages of the

    selection process were clearly prescribed in Advertisement No.52/2024 dated

    02.08.2024, and the petitioners participated in the selection process without

    raising any objection at the relevant stage. It is further contended that the

    petitioners, having participated in the selection process, cleared the Screening

    Test, and thereafter, failed to secure the prescribed minimum qualifying marks

    of 35% in the Subject Knowledge Test, cannot now be permitted to challenge

    the validity of the impugned advertisement, the selection criteria or the

    evaluation process.

    6. Learned counsel for the respondent/Commission have further

    argued that since the petitioners participated in the selection process after

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    Punjab and Haryana High Court,
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    accepting its terms and conditions, they cannot challenge the same after being

    unsuccessful. It is further submitted that the high rate of failure in the Subject

    Knowledge Test, by itself, cannot be a ground to invalidate the selection

    process, as it merely reflects the rigorous standards adopted by the

    respondent/Commission to ensure the selection of suitable candidates for

    appointments in the field of higher education.

    7. I have heard learned counsel for the parties and perused the record

    with their able assistance.

    8. The controversy involved in the present petition is no longer res

    integra. This Court in CWP-19612-2026 titled as Renu Kumari Rohal vs.

    State of Haryana and others, decided on 03.07.2026, dealt with a similar

    challenge to Advertisement No.43 of 2024 for the post of Assistant Professor

    (Chemistry) involving an identical selection scheme under the same

    Memorandum dated 11.11.2022 and the framework of the UGC Regulations,

    2018. The relevant observations recorded in the said judgment, in brief form,

    are reproduced hereunder:

    “7. It is well settled that a candidate who knowingly
    participates in a selection process with full knowledge of the
    prescribed procedure, criteria and terms of the
    advertisement cannot subsequently challenge the same
    merely because the result is unfavourable. Participation
    without protest amounts to acquiescence and the candidate
    cannot be permitted to approbate and reprobate.

    8. Having voluntarily participated in the process, the
    petitioner is estopped from questioning the selection
    procedure on grounds which were available at the time of
    participation, as entertaining such challenges would
    undermine the finality of the recruitment process.

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    document
    Punjab and Haryana High Court,
    Chandigarh
    CWP-22827-2026 -5-

    9. Though reliance has been placed upon Dr. (Major)
    Meeta Sahai vs. State of Bihar and others
    , (2019) 20 SCC
    17, the Hon’ble Supreme Court in Mohit Kumar vs. State of
    U.P.
    , 2025 SCC OnLine SC 1125, after considering Meeta
    Sahai
    (supra), has clarified that where a candidate
    knowingly participates in a recruitment process without
    raising any objection despite having the opportunity to do
    so, such challenge ordinarily cannot be entertained unless
    the illegality was incapable of being foreseen or amounted
    to a constitutional violation.

    10. In the present case, the petitioner had full
    knowledge of the applicable UGC Regulations and the
    selection procedure at the stage of issuance of the
    advertisement, yet chose to participate and approached this
    Court only after being declared unsuccessful. The alleged
    illegality was neither unforeseen nor incapable of challenge
    at the relevant stage.

    11. The aforesaid principle has also been reiterated
    by the Hon’ble Supreme Court in Rekha Sharma vs. The
    Rajasthan High
    Court, Jodhpur and another, 2024 INSC

    615. The same view has consistently been followed in
    Ranjan Kumar vs. State of Bihar and others, (2014) 16
    SCC 187; Madras Institute of Development Studies and
    another vs. Dr. K. Sivasubramaniyan and others
    , (2016) 1
    SCC 454; Union of India and others vs. S. Vinodh Kumar
    and others
    , (2007) 8 SCC 100; Sadananda Halo and
    others vs. Momtaz Ali Sheikhand and others
    , (2008) 4 SCC
    619; and State of Uttar Pradesh vs. Karunesh Kumar and
    others
    , 2022 SCC OnLine SC 1706.

    12. Consequently, a challenge by an unsuccessful
    candidate to the advertisement or the prescribed selection
    process is not maintainable in the facts of the present case.

    13. The State adopted the UGC Regulations vide
    memo dated 11.11.2022 with certain modifications.
    However, the petitioner has not challenged the validity of
    the said memo. In Dhani Ram Chaudhary vs. State of
    Haryana and another
    , 2005 (1) SCT 571, this Court held
    that where the governing rule itself is not challenged, it is
    presumed to have been accepted by the petitioner.

    14. Similarly, in State of Rajasthan vs. Sanyam
    Lodha
    , (2011) 13 SCC 262, the Hon’ble Supreme Court
    held that in the absence of a challenge to the validity of the
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    Punjab and Haryana High Court,
    Chandigarh
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    governing rule, the Court ought not to read down or modify
    the same.

    15. Therefore, in the absence of any challenge to the memo
    dated 11.11.2022, the relief sought by the petitioner cannot
    be granted.

    16. The UGC Regulations framed under the
    University Grants Commission Act, 1956 prescribe
    minimum standards under Entry 66 of List I, while Entry 25
    of List III enables the State to legislate on education subject
    to the constitutional scheme.

    17. The additional Screening Test and Subject
    Knowledge Test introduced by the State merely enhance the
    scrutiny while maintaining the minimum standards
    prescribed under the UGC Regulations. The decision in
    Mandeep Singh and others vs. State of Punjab and others,
    2025 INSC 834, turned on dilution of UGC standards and is
    distinguishable.

    18. The UGC Regulations prescribe only the
    minimum benchmark. They do not prohibit the State from
    prescribing higher standards, provided the minimum
    standards are not diluted.

    19. The impugned selection process supplements,
    rather than supplants, the UGC Regulations by introducing
    additional stages intended to secure greater merit without
    altering the prescribed minimum eligibility.

    20. The Constitution Bench judgment in Dr. Preeti
    Srivastava vs. State of Madhya Pradesh, (1997) 7 SCC
    120, recognizes that the State may prescribe qualifications
    or standards higher than those prescribed by the Union so
    long as the minimum standards are not diluted.

    21. Likewise, in State of Tamil Nadu and another vs.
    Adhiyaman Education & Research Institute and others
    ,
    (1995) 4 SCC 104, the Hon’ble Supreme Court held that
    while State legislation cannot dilute Central standards, it is
    permissible to prescribe higher standards or qualifications
    for shortlisting where the circumstances so warrant.

    22. The additional stages of scrutiny prescribed by
    the recruiting authority merely render the selection process
    more rigorous and cannot be regarded as repugnant to the

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    Punjab and Haryana High Court,
    Chandigarh
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    UGC Regulations or violative of Article 254 of the
    Constitution.

    23. It is always open to the employer to evolve a
    rational procedure for selecting the best candidates. In
    Madhya Pradesh Public Service Commission vs. Navnit
    Kumar Potdar
    , 1994 INSC 398, the Hon’ble Supreme Court
    recognized that screening or shortlisting is permissible
    where a large number of candidates apply for limited
    vacancies.

    24. The same principle has recently been reiterated in
    Allahabad University vs. Geetanjali Tiwari (Pandey) etc.,
    2025 AIR SC 195, wherein it was held that enhanced norms
    for restricting the zone of consideration are permissible,
    provided they are neither arbitrary nor contrary to the
    governing statutory provisions.

    25. Consequently, conducting a Screening Test or
    Subject Knowledge Test does not violate the UGC
    Regulations, and the State Government is competent to
    prescribe higher or more rigorous standards in furtherance
    of merit, so long as the minimum standards prescribed
    under the UGC Regulations are not diluted.”

    9. Now adverting to the facts of the present case, the petitioners

    participated in the selection process under Advertisement No.52/2024 with full

    knowledge of the prescribed criteria. After qualifying the Screening Test, they

    failed to clear the Subject Knowledge Test and thereafter, challenged the

    selection process only after being declared unsuccessful. The petitioners’

    reliance on Asha Rani‘s case (supra) cannot be accepted as this issue has

    already been considered and decided by this Court in Renu Kumari Rohal’s

    case (supra), wherein it was held that the State is competent to prescribe

    additional screening tests. It is also not disputed that the petitioners have not

    challenged the State Memorandum dated 11.11.2022, which forms the basis

    of the impugned advertisement. The additional screening tests only supplement

    NEHA
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    document
    Punjab and Haryana High Court,
    Chandigarh
    CWP-22827-2026 -8-

    the UGC Regulations and do not dilute the minimum standards prescribed

    therein.

    10. In view of the foregoing discussions and the settled legal position,

    this Court finds no ground to interfere with the impugned advertisement or the

    selection process conducted thereunder. The contentions raised by the

    petitioners are devoid of merit and are accordingly rejected. Consequently, the

    present writ petition is hereby dismissed.

    
    
    
                                                                                    (HARPREET SINGH BRAR)
                                                                                          JUDGE
                      04.08.2026
                      Neha
    
                                                     Whether speaking/reasoned       :      Yes/No
                                                     Whether reportable              :      Yes/No
    
    
    
    
    NEHA
    2026.08.06 17:53
    

    I attest to the accuracy and integrity of this
    document
    Punjab and Haryana High Court,
    Chandigarh



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