Recruitment rules under Article 309 proviso prevail over selecting body's procedure regulations; minimum qualifying marks therein mandatory for ex-servicemen absent express relaxation.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioners responded to an advertisement issued by Uttarakhand Public Service Commission for appointment as Sub Inspector in Civil Police. They earlier served in Indian Army, therefore, they claimed benefit available to Ex-Servicemen in State services. Petitioners were declared unsuccessful in the written examination, because they could not secure the minimum marks fixed by the competent authority. In this writ petition, petitioners have challenged the notification dated 29.8.2025, issued by Uttarakhand Public Service Commission, whereby marks scored by the last candidate selected in different categories was disclosed by the Commission. As per the said notification, marks scored by the last candidate belonging to Ex-Servicemen category, selected for the post of Sub Inspector (Civil Police) is 151.2662, while marks of last candidate selected for appointment as Sub Inspector (LIU) is 154.0623. Since the written examination was of 300 marks, therefore, the marks scored by last selected candidate in Ex-Servicemen category is more than 50 per cent.

2. Petitioners contend that since the recruitment rules do not prescribe a separate benchmark for candidates belonging to Ex- Servicemen category, therefore, petitioners cannot be disqualified in the selection and they are entitled to be recommended for appointment, if sufficient number of vacancies are available for them. It is contended that there are as many as seven vacancies, earmarked for Ex-Servicemen category, against which no recommendation was made for want of suitable candidates, therefore petitioners are entitled to be recommended against those vacancies.

3. The mode of recruitment and other conditions of service for the post of Sub Inspector and Inspector (Civil Police/Intelligence) are governed by statutory rules notified on 24.1.2019. Rule 14 of the said rules lays down the procedure of direct recruitment to the post of Sub Inspector. Appendix-4 to the said rules provides that written test shall be of 300 marks. Item (4) of Appendix-4, on which heavy reliance was placed by learned Counsel for the petitioners, reads as under:

“(4) In the written test the candidates of unreserved category and other backward classes shall have to secure 50% marks and those of schedule caste/schedule tribes shall have to secure 40% marks and thereafter only they shall be included in the merit list.”

4. Learned Counsel for the petitioners has also relied upon the regulations framed by the selecting body, known as Uttarakhand Public Service Commission (Examination Result Preparation Procedure) Regulations, 2022. According to said regulations, the qualifying marks for the candidates belonging to Ex- Servicemen category is 25 per cent in preliminary/screening test, 30 per cent in written examination and 35 per cent in the final selection. Thus it is contended that the qualifying marks mentioned in the procedure regulations framed by the selecting body would be applicable and petitioners cannot be disqualified merely because they failed to score 50 per cent marks in the written examination.

5. Learned Counsel appearing for the selecting body, however, submits that none of the petitioners could secure even 35 per cent marks in the written examination. He submits that as per the pleadings made in para no. 14 of the writ petition, petitioner no. 1 secured 33% marks, petitioner no. 2 secured 21% marks and petitioner no. 3 secured 16% marks, thus all of them secured less than 35