Court reiterates sanctity of advertisement terms; fresh certificate submitted post-deadline cannot validate candidature in public employment
In a significant judgment delivered on September 14, 2026, the Punjab and Haryana High Court (Division Bench) dismissed the appeal of Munisha, who challenged the rejection of her claim for reservation under the Backward Class-A (BCA) category for recruitment as a Primary Teacher (PRT) in Mewat cadre. The Court upheld the decision of the Single Judge, emphasizing that the candidate must possess and upload a valid BCA certificate as on the last date of submission of the application, failing which her candidature cannot be considered under the reserved category.
The recruitment advertisement No. 5 of 2024, dated August 9, 2024, invited applications for 1456 posts of Primary Teacher, with certain posts reserved for BCA candidates. The last date for submitting applications was August 21, 2024. The advertisement explicitly mandated candidates claiming reservation benefits to upload a valid BCA certificate as per the instructions dated March 22, 2022, along with their application forms. It further warned that failure to attach the requisite certificate would lead to outright cancellation of candidature.
Munisha had attached a BCA certificate issued in January 2024 with her application. However, the certificate contained income and "creamy layer" criteria, which, as per the Haryana government's instructions, expired on March 31, 2024. Since the application deadline was August 21, 2024, Munisha effectively did not have a valid BCA certificate on the last date for submission. Although she produced a fresh valid certificate at the scrutiny stage in 2025, the Court held that such a subsequent certificate could not cure the defect of an invalid or non-uploaded certificate at the time of application.
The Court relied on settled Supreme Court precedents and principles, including Mohit Kumar v. State of Uttar Pradesh (2025), to underline that the terms and conditions of the recruitment advertisement are sacrosanct and must be strictly adhered to. Eligibility and entitlement to reservation must be established by necessary certificates on or before the last date fixed for submission of applications. While procedural relaxations may be allowed in submission of proofs, no relaxation is permissible regarding the possession of eligibility itself on the crucial date.
Furthermore, the Court rejected Munisha's plea to be considered for appointment merely because some posts reserved for BCA candidates remained vacant and she scored higher marks than the last selected candidate. The selection was provisional and subject to document scrutiny, where she failed due to the invalid certificate. Vacancies can only be filled from among candidates whose applications comply with the advertisement's mandatory conditions.
The Court, therefore, affirmed the cancellation of Munisha's candidature under the BCA category and upheld the Single Judge's dismissal of her writ petition. The decision reiterates the importance of strict compliance with reservation certificate validity and application procedures in public employment recruitment.
Bottom Line:
Public employment - Reservation - Candidate claiming benefit of BCA category must possess and upload a valid category certificate as on the last date of submission of application - Certificate containing creamy layer/income criteria remained valid only till 31st March of the relevant financial year - Subsequent production of fresh certificate at scrutiny stage cannot cure defect of invalid/non-uploaded certificate - Terms of advertisement are sacrosanct.
Statutory provision(s):
Instructions dated 22.03.2022 (Haryana Government Welfare of Scheduled Castes and Backward Classes Department), Clause 11 and 12 of Advertisement No. 5 of 2024
Munisha v. State of Haryana, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2990605
