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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Surjeet Kumar Bhogal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility criteria for ex-serviceman status (Para 2 , 3 , 4 , 5 , 6) |
| 2. court's interpretation of discharge and employment eligibility (Para 7 , 8 , 9) |
| 3. final dismissal of the writ petition (Para 10) |
JUDGMENT
Manmohan, J.: (Oral)--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
Effective discharge date determines Ex-Serviceman status for examination eligibility; an advance No Objection Certificate does not qualify applicants prior to actual 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.
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 ....
Appointment - Basic qualification is to be adjudged as on last date of submission of application forms, subject to any extension of such date by concerned authority - Candidate/applicant has to compl....
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