Ex-personnel of the Border Security Force are eligible to be considered as ‘ex-servicemen’ for the purpose of participating in the recruitment process for the post of assistant primary school teacher under the category of an ‘ex-serviceman’.

1. This writ petition and a few other similar petitions have been moved primarily on the issue as to whether an ex-personnel of the Border Security Force could qualify as an ex-serviceman of the Armed Forces of the Union for the purpose of being eligible to participate in the recruitment process initiated by the District Primary School Council, Purulia, for the post of assistant primary school teachers under the category of an ‘ex-serviceman’.

2. The genesis of the instant matter arises at a point of time when the writ petitioner – who had retired from the Border Security Force on 30th April, 2009 – decided to participate in the recruitment process initiated by the District Primary School Council, Purulia, pursuant to a public advertisement issued on 30th August, 2009. The writ petitioner duly filled-up the requisite application form in the prescribed format, describing himself as an ex-serviceman and applied for participating in the selection process under that category. The concerned Council considered him as an eligible candidate and allowed him to participate in the written test examination and on being successful called him for an aptitude test/oral interview. On 23rd June, 2010, the petitioner appeared before the selection committee for the aptitude test/oral interview. Subsequently, when the results were published on the internet, he was shown as not selected. On query, the petitioner came to learn that all ex-personnel of the Border Security Force were not considered for appointment on the ground that they did not belong to the category of an ‘ex-serviceman’. Challenging this action of non consideration of his candidature in the category of an ‘ex-serviceman’, the writ petitioner filed the instant writ petition, which has been heard at length for several days.

3. By an order dated 20th January, 2011, Mr. Ashok Dey, a Senior Advocate of this Court, was appointed as an amicus curiae. Mr. Dey made elaborate submission on the question of interpretation of the applicable laws as well as the various clauses governing eligibility, as provided in the booklet containing the application form and information brochure for candidates participating in the recruitment process. Mr. Dey drew this Court’s attention to the definition of the word, ‘ex-serviceman’, which is contained under Clause 3(b) of General Information, which forms part of the application form and information brochure. The said clause is set out hereinbelow:-

“Ex-Servicemen are those who have put not less than 6 months continuous service in any rank (whether as a Combatant or as a Non-Combatant) in the Armed Forces of the Union”.

4. Mr. Dey, thereafter, drew this Court’s attention to Section 4 of the Border Security Force Act, 1968, which reads as follows:-

“Constitution of the Force.:– (1) There shall be an armed force of the Union called the Border Security Force for ensuring the security of the borders of India.

(2) Subject to the provisions of this Act, the Force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Force shall be such as may be prescribed.”

5. He further submitted that neither the West Bengal Primary Education Act, 1973 nor the West Bengal Primary Teachers’ Recruitment Rules, 2001, provides for any definition of the word, ‘ex-serviceman’. He submitted that in order to come to a correct conclusion, this Court is required to interpret the expression ‘ex-serviceman’ in the context it has been sought to be described in the application form and information brochure.

6. On behalf of the State, the learned Advocate General (as Mr. Balai Chandra Ray, Senior Advocate, then was) had appeared and submitted that the State objected to ex-personnel of the Border Security Force being described as ex-servicemen. In this context, he relied on the Ex-Servicemen (Reservation of Vacancies in the States Services and Posts Group C & Group D) Rules, 1982, (hereinafter referred to as the 1982 Rules). He submitt