Back
THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Gyanandra Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. overview of writ prayers, petition background, and contentions of the parties. (Para 1 , 2 , 3 , 4) |
| 2. assessment of petitioner's ongoing military service and ineligibility for the ex-serviceman quota. (Para 5 , 6 , 7) |
| 3. final reasoning establishing that current service status excludes candidacy under the ex-serviceman category. (Para 8 , 9 , 10) |
JUDGMENT (ORAL)
Meenakshi Madan Rai, J.
1. The prayers in the instant Writ Petition inter alia are as follows;
“(a) …………………………………………………………
(b) Issue an appropriate writ, order/direction declaring the action of the Respondent No.2 in not considering the no objection certificate submitted by the Petitioner till production of discharge book and ex-servicemen card is illegal, arbitrary and unjust;
(c) Issue an appropriate writ, order/direction upon the Respondent No.2 to consider the no objection certificate submitted by the Petitioner till the production of discharge book and ex- servicemen card which may be obtained by the Petitioner on the date of his retirement;
(d) Issue a writ of certiorari or any other appropriate writ quashing the notice bearing no.55/SPSC/EXAM/2025, dated 20-09- 2025 as the same cannot override the initial
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 ....
An individual currently serving in the Armed Forces does not qualify as an 'Ex-servicemen' for the purpose of reserved recruitment categories; furthermore, provisional admission to an examination pro....
Eligibility for ex-servicemen posts must be assessed as of the last date of application submission, and selections made contrary to this principle are invalid.
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's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application dead....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
