In a significant ruling affecting Haryana Police recruitment, the Punjab and Haryana High Court has clarified that a candidate cannot claim the benefit of "orphan" weightage merely because the father has died. The Court held that, for the purpose of awarding five additional marks under the recruitment advertisement, an orphan is a candidate whose both parents have passed away, subject to the other eligibility conditions mentioned in the advertisement.
A Division Bench of Justice Harsimran Singh Sethi and Justice Amarinder Singh Grewal allowed a batch of appeals filed by the Haryana Staff Selection Commission (HSSC), setting aside an earlier Single Judge decision that had interpreted the recruitment clause differently.
Background of the Case
The dispute arose from Advertisement No. 03 of 2018, through which the Haryana Staff Selection Commission invited applications for thousands of posts of Male and Female Constables and Sub-Inspectors in Haryana Police. Along with educational and physical eligibility, the advertisement provided five additional marks to eligible orphan or widow candidates as part of miscellaneous weightage.
The controversy centred on the meaning of the word "orphan." Several candidates argued that they should receive the additional marks because their fathers had died, even though their mothers were still alive. Accepting this interpretation, the Single Judge directed the Commission to revise the merit list by extending the benefit to such candidates.
The Commission and candidates whose selection would be affected challenged that decision before the Division Bench.
Court's Observation
The Division Bench examined the wording of the recruitment advertisement and the manner in which the Commission had consistently interpreted it. It noted that the object behind granting extra marks was to provide support to genuinely orphaned candidates facing greater social and financial hardship.
The Court observed that the advertisement did not intend to treat every candidate whose father had died as an orphan. Instead, the conditions regarding the father's death before attaining 42 years of age or before the candidate reached 15 years were additional eligibility requirements and did not replace the basic meaning of an orphan.
The Bench also relied on the Haryana Deceased Government Employees Rules, 2003, where the State had already defined "orphan" in a manner indicating that the benefit is available only after the demise of both parents.
Explaining its interpretation, the Bench observed:
"The interpretation of orphan will mean that not only both the parents of such candidate should have died prior to the last date of the application, but also that the father of such candidate should have died before attaining the age of 42 years or before the candidate concerned attained the age of 15 years."
The Court further remarked that extending the benefit to candidates with a surviving parent would be contrary to the purpose of the recruitment policy.
Benefit Granted by Mistake Can Be Reviewed
During the hearing, it was argued that some candidates whose mothers were alive had already been granted the additional marks.
The Division Bench rejected this argument, observing that an incorrect benefit given to some candidates cannot become the basis for extending the same mistake to others. The Court held that such benefits could be withdrawn after review so that only genuinely eligible candidates receive the weightage.
As the Bench noted,
"Any benefit given to a candidate other than the one who fulfils the above requisites is liable to be withdrawn and reconsidered by the Commission."
Court's Decision
Allowing the appeals, the Punjab and Haryana High Court held that the Single Judge's interpretation could not be sustained. The Division Bench set aside the earlier judgment and dismissed the writ petitions.
The Court reaffirmed that a candidate claiming orphan weightage under the 2018 Haryana Police recruitment advertisement must satisfy all the prescribed conditions, including the requirement that both parents had died before the last date for submission of applications, along with the additional condition relating to the father's death mentioned in the advertisement.
Case Details:
Case Title: Haryana Staff Selection Commission vs. Mohit Kumar and Another (Connected Appeals)
Case Number: LPA-1369-2025 (O&M) and connected cases
Judges: Justice Harsimran Singh Sethi and Justice Amarinder Singh Grewal
Decision Date: July 20, 2026
