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SANJEEV SACHDEVA, MANOJ JAIN
Maj. Parul Pargal (retired) – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner seeks setting aside of the result declared on 06.04.2023 for the post of Veterinary Assistant Surgeon (Assistant Commandant) Group - A, Gazetted (Combatised) (Non-Ministerial) and further seeks a direction to the respondents to declare the result for Ex-serviceman candidates with separate cut off at par with other reserved category candidates.
2. Respondents had issued an online detailed advertisement for recruitment to the post of Veterinary Assistant Surgeon (Assistant Commandant). The total posts advertised were 20; 11 posts in the unreserved category, 2 posts in the economically weaker Section, 3 posts in OBC and 4 posts in SC. In the remarks, it was stated that ten percent of overall vacancies were reserved for Ex-serviceman. Vacancies were subsequently increased to 36 and accordingly, 4 posts were reserved for Ex-serviceman.
3. The advertisement specifically provided that that in case there was large number of applicants, respondent BSF shall hold a written examination of 2 hours consisting of multiple choice question of 100 marks to shortlist the candidates for interview stage. The qualifying marks in the written examinati
The level of performance for Ex-serviceman candidates should not be affected by relaxation of standards.
The court affirmed that cut-off marks in recruitment processes are valid and do not require separate provisions for Ex-servicemen.
Recruitment rules under Article 309 proviso prevail over selecting body's procedure regulations; minimum qualifying marks therein mandatory for ex-servicemen absent express relaxation.
Reservation policies must not exceed 50% of total vacancies and should be applied in alignment with horizontal and vertical reservation principles without creating inequalities.
The court ruled that reservations for Ex-Servicemen must be applied horizontally rather than vertically to comply with constitutional mandates, ensuring fair selection and not exceeding the 50% cap o....
The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-emplo....
Ex-servicemen reservation is overall horizontal, applied across vertical categories post-merit lists; recruitment terms fixed at advertisement cannot be altered by subsequent prospective instructions....
Candidates participating in selection processes cannot later challenge recruitment methodologies after being declared unsuccessful, unless they timely contest relevant notifications.
Point of Law : Court find that no Question of Law, muchless Substantial Question of Law, is made out for admission and adjudication of the appeal.
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