The court upheld the principle of non-discrimination in the selection process and clarified the application of horizontal reservation under the Ex-service-man category.

1. Heard learned counsel for the petitioners and the counsel for the life Insur ance Corporation of India (hereinafter referred to as the LIC).

2. Petitioners were applicants for the post of Assistant in the UC, pursuant to advertisement, Annexure-1. He having participated in the selection test, has as sailed the selection made vide select list, Annexure-3 for the Bhagalpur Division on the ground that those who were omitted from selection process, under corrigendum dated 25.4.2009, namely, Samir Kumar. Roll No. 8500284, Pankaj Kumar, Roll No 8501336, Abhay Kumar Yadav, Roll No. 8502592 and Keshav Mandal, Roll No. 8501932 have been included in the final select list, Annexure-3 and thereby petitioners have been discriminated vis-a-vis those who were omitted earlier from the selection process have been selected, the action of the LIC is violative of Article 14 of the Constitution of India, as nothing can be more arbitrary than to have selected those who were omitted from the selection process.

3. Raving appreciated such submission, this Court under order no. 2 dated 26.10.2009 directed the counsel for the petitioners to serve a copy of the brief to the retained lawyer appearing for the LIC, whereafter matter has been heard today and the learned counsel for the LIC, with reference to the corrigendum notice published in the newspaper dated 25.5.2009, copy whereof was produced in Court for perusal, submitted that candidates and the roll numbers referred to above were earlier included in the list of the successful candidates for Bhagalpur Division after adding their marks for optional paper which was not to be included in the aggregate. Such mistake was noticed later whereafter their marks in the optional paper was deducted from the aggregate and they were put in the list of omitted candidates under corrigendum dated 25.4.2009, Annexure-2. Having put them in the list of omitted candidates, the authorities noticed that even after deducting marks for the optional paper aforesaid candidates were within the zone of selection and were wrongly included in the list of omitted candidates. Having noticed such mistake, the LIC published corrigendum dated 25.4.2009 including the four roll numbers indicating them as selected for Bhagalpur Divisional Office, Ex-Service-man category.

4. It appears, petitioners have filed this writ application without appreciating the contents of the corrigendum notice dated 25.5.2009 issued in respect to the aforesaid candidates. In the circumstances, there does not appear to be any merit in this application, which is, accordingly, dismissed.

5. While aforesaid order was being dictated, learned counsel for the petitioners further pointed out with reference to the advertisement, Annexure-1 that under the category of Ex-service-man only general candidates have been appointed without providing for reservation to the OBC, SC and ST category. In this connection, learned counsel for the LIC pointed out that in Bhagalpur Division, there were total number of 89 vacancies, out of which 2 post was reserved for physically handicapped and 12 post for Ex-service-man and those who succeeded in the category of physically handicapped and Ex-serviceman have been appointed against the slot of the General, OBC, SC and ST category to which the succeeded candidate belongs as in the category of physically handicapped and Ex-service-man reservation is provided horizontally and not vertically and those who succeeded in the two category are allowed to take the slot in their respective category. Having appreciated the mechanics of horizontal reservation as explained by the counsel for the LIC, there does not appear to be any material to suggest that all belonging to a particular category have been selected in the category of Ex-serviceman.

6. In view of my discussion above, the prayer made in the writ application does not find any merit, which is, accordingly, dismissed.