MANMOHAN, NAVIN CHAWLA
Surjeet Kumar Bhogal – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the rejection of the Petitioner's candidature for the post of Sub-Inspector in Delhi Police, CaPFs and assistant Sub-Inspector in CISF Examination 2019 [2019 Exam] at the stage of Document Verification as his date of discharge from the Indian army was beyond the cut-off date as stipulated in the 2019 Examination guidelines.
3. Learned counsel for the Petitioner states that at the time of applying for the 2019 Exam under the Ex-serviceman quota, the Petitioner was serving as a Sepoy in the Indian army and was due to be discharged. He emphasises that the Terms of Engagement of a Sepoy are initially for a period of fifteen years.
4. He states that as per the examination guidelines, the candidate had to acquire the Ex-Serviceman status on or before 15th October 2020 to be eligible under the 2019 Exam.
5. He states that the Petitioner's original date of discharge was 13th January 2019, however, since he had taken an extension of two years, his effective discharge date from the army was January 2021 and not 13th January 2019. He points out that vide discharge
The status of an Ex-Serviceman is determined by the date of actual discharge from the army, not the date of issuance of the No Objection Certificate for civil employment.
Effective discharge date determines Ex-Serviceman status for examination eligibility; an advance No Objection Certificate does not qualify applicants prior to actual discharge.
A candidate in active service does not satisfy the criteria for reservation quotas reserved for former service personnel, as eligibility is strictly evaluated at the time of application. Provisional ....
The validity of the Degree commences from the date of acquisition and relief cannot be denied based on the date of issue of employment notification.
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