IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Gaurav Verma – Appellant
Versus
Airport Authority of India – Respondent
| Table of Content |
|---|
| 1. challenge of non-inclusion in recruitment (Para 1 , 2) |
| 2. arguments on merit and age relaxation impact (Para 3 , 6 , 7 , 8 , 10 , 11 , 12 , 14) |
| 3. core questions of entitlement versus age relaxation (Para 16 , 19 , 22) |
| 4. legal implications of horizontal reservation (Para 24 , 26 , 28 , 30) |
| 5. conclusions on ex-servicemen reservation policy (Para 38) |
JUDGMENT :
SANJEEV NARULA, J.
1. The Petitioners assail their non-inclusion in the list of candidates called for document verification for recruitment to Non-Executive Cadres of the Airport Authority of India,, “AAI” Northern Region, with document verification scheduled on 9th July, 2025 and 10th July, 2025.
2. The case, though set-up as a grievance of “merit being ignored”, turns on a narrower legal axis. The Petitioners are ex-servicemen. The subject recruitment provides horizontal reservation for the category of “ex- servicemen”. The Petitioners assert that they secured marks higher than the last shortlisted candidate in the unreserved segment and, therefore, deserve to “migrate” to the unreserved category, “UR category” for the purpose of being called for document verification.
3. The Respondents resist the petition on th
Jitendra Kumar Singh & Anr. v. State of U.P. & Ors.
Rajasthan High Court vs. Rajat Yadav
Saurav Yadav v. State of Uttar Pradesh
Ex-servicemen who avail age relaxation cannot demand consideration in unreserved vacancies regardless of merit, as it contravenes governing recruitment rules.
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....
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....
Reservation policies must not exceed 50% of total vacancies and should be applied in alignment with horizontal and vertical reservation principles without creating inequalities.
Reservation for Ex-Servicemen is a special reservation under Article 16(1) and is a horizontal reservation, constituting a reservation within reservation. The intent of horizontal reservation is to i....
The court clarified the distinction between horizontal and vertical reservations and ruled that candidates applying from the open category cannot be denied placement based solely on their reserved ca....
The court upheld the constitutional validity of category-wise horizontal reservation for ex-servicemen, affirming it does not violate merit principles or representation objectives.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
No horizontal reservation or carry forward of unfilled ESM vacancies in Group 'B' posts; such vacancies filled by next meritorious general category candidate without keeping posts vacant.
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