Per contra, Mr. Kanwal Goyal, counsel appearing for HPSC supported stand of Haryana Public Service Commission for not shortlisting names of petitioners in written examination as marks secured in preliminary examination were less than cut-off marks. Instructions dated 06.03.1972 (Annexure P-4) pertaining to scheme of reservation would be applicable only to those posts of Class I and II where recruitment is not on the basis of competitive examination. Since instructions are not applicable to posts in question being under Clause (c) (ii) Class I and II posts, no benefit of reservation to any Ex-Serviceman/DESM under clause (a) of aforementioned instructions can be given to such “reserved category” candidates at the time of preparation of result. In fact, reservations, as per instructions, are to be applied at the time of final selection and not prior to that. Purpose of preliminary examination is to only shortlist candidates and thereafter, at that relevant point of time policy of reservation cannot be applied. Judgment relied upon pertains to selection at the time of final and main examination, thus, would not apply. In support of contentions, relied upon judgment of Division Bench rendered in CWP No.3144 of 2019 titled as 'Naveen Rao Vs. State of Haryana and others' decided on 11.02.2019, thus, urges this Court for dismissal of writ petition.
