‘Typo or clarification cannot override terms of job advt’: Punjab and Haryana HC directs reconsideration of driver, operator posts
The Punjab and Haryana High Court quashes rejection orders and directs the state to reconsider applications based on the original advertisement criteria.
The Punjab and Haryana High Court Monday allowed two writ petitions filed by candidates who were denied appointment to the post of driver/operator in the fire services of municipal corporations, councils and panchayats in Punjab. Justice Harpreet Singh Brar quashed the rejection orders and a public notice issued by the authorities, holding that the eligibility criteria mentioned in the recruitment advertisement cannot be changed after the selection process has begun.
The case arose from an advertisement issued on January 28, 2023, for the posts of fireman and driver/operator. The petitioners, including Gurvinder Singh and Suminder Singh, along with others, had applied for the driver/operator positions. They cleared the written examination and physical efficiency test, but their candidatures were rejected on the grounds that they did not possess a heavy vehicle driving licence for five years as of March 16, 2023, the last date for submission of applications.
Arguments of the petitioners
• The advertisement clearly required candidates to hold a heavy vehicle driving licence for at least five years “prior to the date of recruitment in the fire service”.
• The petitioners met this requirement by the time the recruitment process reached the stage of physical tests and result declaration.
• The authorities wrongly interpreted the condition as five years prior to the last date of application, effectively changing the eligibility criterion after the process had started.
• Changing the rules midway violates settled law laid down by the Supreme Court in ‘K Manjusree vs State of Andhra Pradesh (2008)’.
• No corrigendum or amendment was ever issued to alter the wording in the advertisement.
State’s defence
Story continues below this ad
The state counsel argued that the reference to “date of recruitment” in the advertisement was a typographical error and was meant to be the date of the advertisement or the last date of application. A clarification was sought from the employer department and received on October 18, 2023, based on which the rejections were made. The criterion was applied uniformly to all candidates and was not selective.
Reasons cited by the ruling
• The exact wording in Clause 7(2) of the advertisement is: “Holding License of driving heavy vehicles not less than five years prior to the date of recruitment in fire service.” The court found this wording unambiguous.
• The petitioners did not have five years of licence experience on the date of the advertisement but did have it before the date of recruitment, thus satisfying the published condition.
• No corrigendum or amendment was issued at any stage to change the calculation of the five-year period.
Story continues below this ad
• Eligibility criteria mentioned in an advertisement are binding and cannot be altered after the selection process has commenced.
• The Supreme Court in ‘K Manjusree vs State of Andhra Pradesh (2008)’ has held that “rules of the game” cannot be changed mid-process or after the process has begun.
• A Constitution Bench of the Supreme Court in ‘Tej Parkash Pathak vs Rajasthan High Court (2025)’ has reiterated that the recruitment process begins with the issuance of the advertisement and ends with the filling of vacancies.
• Subsequent clarification or claim of typographical error cannot override the express terms of the advertisement to the prejudice of candidates.
Story continues below this ad
The court quashed the public notice dated February 19, 2024, and the rejection order dated June 28, 2024 (in one case on July 9, 2024). The authorities have been directed to reconsider the petitioners’ candidatures strictly as per the original advertisement within eight weeks from receipt of the certified copy of the order. Eligibility is to be assessed with reference to the date on which the result of the physical examination was declared.
If found eligible, the petitioners will receive notional benefits and seniority on par with candidates already appointed under the same advertisement, subject to the fulfilment of all other conditions. However, they will not be entitled to back wages.
Both writ petitions have been allowed without costs.
Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US.
With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath.
Professional Background & Expertise
A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius
Her key focus areas include:
Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights.
International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila.
Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok.
Recent Notable Articles (Late 2025)
Her recent reportage focuses heavily on judicial interventions and regional governance:
1. Environment & Governance
"‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land.
"High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections.
2. Legal Rights & Social Welfare
"HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019.
"Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling.
"HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits.
3. Human Rights & Identity
"As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament.
"Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices.
Signature Beats
Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context.
Contact
@grewal_sharma on X
manrajgrewalsharma on Instagram ... Read More
