Dismissed¶13

Abhishek v. State of Haryana and Ors.

Punjab & Haryana HC15 Jul 2026CWP/7734/2021

Case brief

AI extract

What is this about?

Equal-marks tie-break by age in Haryana recruitment; Resolution dated 25.09.2015; older candidate preferred (DOB 29.10.1990 vs petitioner DOB 12.12.1997); 90 marks each in General Category; Prem Singh vs. Haryana State Electricity Board 1996(4) SLR 661 referred via quoted Resolution; appointments restricted to advertised vacancies; writ petition dismissed; CWP-7734-2021 (O&M); Justice Aman Chaudhary; decision date 15.07.2026.

What did the court decide?

Where candidates obtain equal marks, Resolution dated 25.09.2015 governs inter-se merit by date of birth — the older candidate gets precedence over the younger — and accordingly the last selected General Category candidate (date of birth 29.10.1990) was rightly selected over the petitioner (born 12.12.1997). ¶12

Abhishek Vs State of Haryana and Ors. — Punjab & Haryana HC (2026) — LawSathi Research

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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218 CWP-7734-2021 (O&M) Date of decision: 15.07.2026 ABHISHEK ... Petitioner

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Versus STATE OF HARYANA AND ORS ... Respondents

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CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

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Present : Mr. Dinesh Mahajan, Advocate, for the petitioner.

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Mr. Udit Garg, Addl. AG, Haryana Ms. Nikita Goel, Advocate for respondent No.3.

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AMAN CHAUDHARY, J. (Oral)

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Learned State counsel refers to Resolution dated 25.09.2015 and submits that in case, last two candidates having same marks, the one who is older in age would be appointed, which reads thus:-

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“The orders of Hon’ble Supreme Court in case of Prem Singh vs. Haryana State Electricity Board reported as 1996(4) SLR 661, wherein the appointments have been restricted to the extent of the advertised vacancies, should be followed meticulously. Thus, the selection of the last candidate in each category as per inter-se-merit, it in case there are more than one candidate having equal marks in written examination and interview/vivo-voce combined, will be determined with reference to the date of birth i.e. the older in age will get precedence over the younger one.

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In case two or more candidates have the same aggregate score and same date of birth, the inter-se-merit shall be decided by the higher achieved in the written examination.”

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Evidently, the petitioner and the last selected candidate in General Category, both obtained 90 marks, while the latter being older in age, having date of birth 29.10.1990, was rightly selected over the former, born on 12.12.1997.

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There being no rebuttal to the above, the present petition is hereby

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dismissed.

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	(AMAN	CHAUDHARY)
15.07.2026		JUDGE
ashok
Whether speaking/reasoned	: Yes/No
Whether reportable	: Yes/No

¶16

ASHOK KUMAR 2026.07.15 17:09 I attest to the accuracy and integrity of this document

Abhishek v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Abhishek v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

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