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RAJESH BINDAL, J. J. MUNIR
Public Service Commission, Uttar Pradesh through its Secretary – Appellant
Versus
JWO Satish Chandra Shukla – Respondent
ORDER :
1. This Special Appeal by the Uttar Pradesh Public Service Commission is directed against a judgment and order dated August 2, 2022, allowing Writ -A No. 18091 of 2021.
2. The writ-petitioners, who are respondent nos. 1 to 4 to this Appeal, are all Ex-Servicemen, who have retired or been discharged from different positions in the Armed Forces of the Union, such as the Army or the Navy.
3. The grievance of the writ-petitioners is that they are entitled to be considered under The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 2021 (for short, 2021 Act'), entitling them to a 5% reservation in the ongoing selection/ recruitment, held pursuant to Advertisement No. A-1/E-1/2021 dated February 5, 2021 to the “Combined State/ Upper Subordinate Services (PCS) Examination, 2021 and Assistant Conservator of Forest (A.C.F.)/ Range Forest Officer (R.F.O.) Services Examination -2021” (for short, 'the PCS Examination, 2021').
4. The learned Single Judge has set out in copious detail the facts of the case, including the rival stands of the writ-petitioner-respondents (for short, 'the writ petitioners'
Section 2(c) of the U.P. Public Services (Reservation For Physically Handicapped, Dependents of Freedom Fighters And Ex-Servicemen) Act, 1993 is intra vires and not in violation of the Article 14 and....
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
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....
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
If a reserved category candidate received more or equal marks qua UR category candidate, he will secure birth in UR category and he cannot be treated to be a reserve category candidate.
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