Court rules that applicants cannot be penalized for paying application fees despite entitlement to exemption, directing Haryana Staff Selection Commission to consider petitioners for appointment based on merit
In a significant judgment delivered on August 12, 2026, the Punjab and Haryana High Court, presided over by Justice Harpreet Singh Brar, ruled in favor of several candidates who were denied age relaxation in the recruitment process for Trained Graduate Teachers (TGT) in Sanskrit by the Haryana Staff Selection Commission (HSSC). The court held that candidates cannot be disqualified merely because they paid the application fee despite being entitled to an exemption, especially when such exemption was granted in view of earlier cancelled recruitment advertisements.
The case arose from a prolonged and troubled recruitment process for TGT (Sanskrit) posts. The petitioners, Nirmala Devi and others, had initially applied for posts advertised in 2016 and 2019, both advertisements of which were eventually cancelled. When the posts were re-advertised in 2023, Clause 11 of the new advertisement explicitly preserved eligibility for candidates who had applied in the earlier cancelled rounds, granting them relaxation in age and exemption from the application fee.
Despite this, the petitioners, wary of procedural uncertainties, paid the application fee while applying afresh in 2023, as the online application portal lacked a clear option to indicate fee exemption status. Their applications were accepted, they appeared for the examination, and secured marks higher than the last selected candidates. However, upon scrutiny, their candidature was rejected on the ground of being overage, as the Commission disqualified them for having paid the fee, thus forfeiting their exemption and the associated age relaxation.
The Court found this approach arbitrary and unfair. It noted that the unique IDs allotted by the Commission to the petitioners confirmed their status as candidates entitled to exemptions due to their applications in earlier cancelled advertisements. The Court observed that the Commission's online portal was poorly designed and failed to properly account for the fee exemption and age relaxation provisions. The system accepted fee payments from exempt candidates and did not provide a proper mechanism to upload proof of previous payments, leading to unjust disqualification of candidates who acted in good faith.
Justice Brar emphasized that the recruitment process must be conducted fairly, and penalizing candidates for paying fees despite exemption runs contrary to the principles of natural justice and fair recruitment. The Court held that the petitioners' candidature should be considered based on merit and other eligibility criteria, setting aside the impugned results that excluded them.
The Court directed the respondents to recommend the petitioners for appointment to the posts of TGT (Sanskrit) according to their merit within two months from the receipt of the certified copy of the order. The petitioners were also entitled to consequential benefits, including seniority and notional benefits from the date of joining of their batch mates, with monetary benefits from their actual date of joining.
This judgment underscores the responsibility of recruitment agencies to ensure that their online application systems are efficiently designed to accommodate all eligibility criteria and concessions without penalizing applicants for technological or procedural gaps. It also reinforces the principle that administrative oversights should not be allowed to deprive candidates of their rightful opportunities in public employment.
Bottom Line:
Recruitment process - Candidates cannot be denied the concession of relaxation in age, specifically granted in view of earlier cancelled advertisements, merely for not availing the additional concession of exemption from payment of the application fee.
Statutory provision(s):
Articles 226, 227 of the Constitution of India, Haryana Staff Selection Commission Advertisement No.2 of 2023 (Clause 11), Relevant Service Rules for TGT Recruitment
Nirmala Devi v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2974643
