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 on reservations.

JUDGMENT :

HARISH TANDON, CJ.

1. The batch of writ appeals filed by the appellants are taken up analogously as the challenges made to a judgment dated 17.12.2024 passed by the Single Bench disposing of several writ petitions (W.P.(C) Nos. 459 of 2016, 6592 of 2016, 22915 of 2015, 23063 of 2015, 18652 of 2016, 15241 of 2016, 23061 of 2015, 568 of 2016 & 22914 of 2015, vide order dated 17.12.2024) involving the common issue. It would invite the repetition of facts which are identical in nature and, therefore, in order to avoid the prolixity of repetitions, the salient features which appear to us common in all cases are succinctly narrated in order to address the issues raised in the instant appeals.

2. An employment notice under reference No, MCL/MP&R/Recruitment/2014/166 dated 19.02.2014 was published in Odia and English daily newspapers for inviting applications from the Indian nationals to fill up the specified vacancies arisen in Security Guard T&S Grade G earmarking a total number of vacancies to 303, out of which 43 posts were reserved for SC, 66 for ST, 36 for OBC and 158 for general candidates. It was also expressly indicated in the said advertisement that the reservation shall also be provided for Handicapped and Ex-Servicemen in terms of the rules/guidelines issued by the Government of India. The recruitment process was divided into two parts, namely written test and interview with the rider that the candidates shortlisted in the written test shall only be allowed to appear for interview. The age limit for different categories was also provided in the said advertisement for different categories of the persons subject to production of the relevant documents in proof thereof. 25219 numbers of applications were received and admittedly all the respondents in the batch of writ appeals applied for the said post in different categories and were permitted to appear in the written test held on 21.12.2014. All the respondents qualified in the written test and they were called for the interview and thereafter a final merit list was published where their names were not included therein. All the respondents challenged the process of the recruitment, more particularly after noticing the Note No.2 appended to the said select list wherein it was stated that the reservation for Ex-Servicemen has been applied in terms of the Government of India Guidelines and earmarked 24.5 % reservations. The challenge was further founded upon in creating a vertical reservation to Ex-Servicemen instead of horizontal reservation as such exercise resulted into the total reservation exceeding 50%, which is impermissible in law, more particularly the judgment of the constitution bench of the Apex Court rendered in Indira Sawhney v. Union of India , (2000) 1 SCC 168 .

3. On the conspectus of the aforesaid facts and having found a prima facie case is made out, the writ petitions filed by respective respondents in the batch of aforementioned appeals were admitted and the appellants were called upon to file affidavit disclosing their stand to the contentions raised in the respective writ petitions. The gist of the stand taken by the appellants before the writ court was primarily based upon an assertion that the said advertisement widely published in the newspapers includes a provision for 24.5% reservation for Ex-Servicemen in terms of the circular dated 04.06.2014 issued by the Ministry of Defence and all the writ petitioners being aware of the same participated in the selection process without any demur and, therefore, are preclu