Punjab & Haryana High Court Upholds Dismissal of Constable for Misclaiming Reservation; Holds No Scope for Compassion in Face of Ineligibility

Case Name: Chandandeep Singh vs. State of Punjab and Others
Date of Judgment: 19 November 2025
Citation: CWP-29141-2025
Bench: Hon’ble Mr. Justice Jagmohan Bansal

Held: The Punjab and Haryana High Court dismissed the writ petition challenging a show-cause notice for termination of service issued to a constable who had availed reservation under the Freedom Fighter category despite being ineligible, holding that the benefit was meant only for grandchildren of freedom fighters, and not great-grandchildren. The Court held that even absence of fraud could not cure an ineligible claim, and length of service cannot regularise an illegal entry.

Summary: The petitioner had joined as Constable in 2016 under the Freedom Fighter quota. His appointment was later questioned after it was found that he was the great-grandson not grandson of a recognised freedom fighter, contrary to eligibility conditions under the Standing Orders. The certificate he relied upon was issued in favour of his father, not him. The Screening Committee accepted the certificate at the time, later admitting they were unaware of the eligibility bar.

The petitioner claimed bona fide mistake and argued that he had served for nine years with an unblemished record. However, the Court held that misrepresentation occurred, and the petitioner’s ineligibility was clear under recruitment rules. Referring to precedents including M.S. Mudhol, Varinder Hans, Jagdish Bahira, and Madhumita Das, the Court ruled that illegal appointments cannot be sanctified merely by passage of time or lack of fraud. Sympathy, it held, cannot override the rule of law.

Decision: The petition was dismissed. The Court upheld the show-cause notice and consequent termination, clarifying that benefits already drawn by the petitioner shall not be recovered.