The reservation of posts for Ex-Servicemen was upheld as lawful, adhering to the 50% ceiling limit and justified under DOPT guidelines.

ORDER

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this application under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:

“(i) Issue a writ of certiorari, or any other appropriate writ or order, quashing the impugned notification issued by Respondent No.1 bearing Advt. No. URSC:01: 2020 dated 15.02.2020 insofar as it pertains to the notification of posts in the category of Light Vehicle Driver-A (Post Code No.030) produced herewith as ANNEXURE-A6.

(ii) Pass such other order/s as this Hon’ble Tribunal may deem fit in the facts and circumstances of the case, in the interests of justice and equity.”

2. Succinctly stated the facts as narrated by the applicant are that he is a Driver holding LVD license bearing No.KA4520110005723 issued by the RTO, Bangalore. The applicant claims that he has necessary educational qualifications and experience required to apply for the post of Light Vehicle Driver-A (LVD-A) as per norms of recruitment notified in Source Document for Career Opportunities for Administrative Staff in DOS/ISRO, issued by Respondent No.1. Respondent No.1 vide notification dated 15.02.2020 called for applications to 4 posts in LVD-A category and notified the reservation of all the 4 posts for Ex-Servicemen. Being aggrieved, the applicant has preferred this OA.

3. The arguments of the learned Counsel for the applicant, Ms.Maitreyi Krishnan, are of two fold. Firstly, the exclusive reservation for Ex-Servicemen of notified posts in the category of LVD-A is illegal and arbitrary. Secondly, the posts in horizontal reservation cannot be carried forward. Elaborating the arguments on these points, learned Counsel submitted that it is well settled principle that not more than 50% of entire category of post cannot be under reservation, whereas the subject recruitment notification dated 15.02.2020 issued by the Respondent No.1 shows that 4 vacancies of Light Vehicle Driver-A are reserved for Ex-Servicemen. Inviting the attention of the Tribunal to the reply statement filed on behalf of the respondents learned counsel submitted that as admitted by the respondents 13 vacancies reserved for Ex-Servicemen which were not filled in previous Advertisement No.ISAC:02:2018 dated 21.04.2018 were carried forwarded to the subject Advertisement No.URSC:01:2020 dated 15.02.2020 and put together 24 vacancies (13 carried forward vacancies + 11 reserved for current recruitment year vacancies) were kept reserved for Ex- Servicemen in the URSC Advertisement. Learned Counsel has placed reliance on the following citations:

1) Post Graduate Institute of Medical Education and Research Chandigarh v Faculty Association and others reported in AIR 1998 SC 1767 .

2) Jitendra Kumar Singh and Another v. State of UP and Ors. reported in (2010) 3 SCC 119 .

3) Saurav Yadav and Ors. v. State of Uttar Pradesh and Ors. reported in (2021) 4 SCC 542 .

4. Learned Counsel for the official respondents, Shri N.Amaresh submitted that in terms of DOPT Gazette notification dated 04.10.2012, 10% of the vacancies in Group ‘C’ posts and 20% of vacancies in Group ‘D’ posts ought to be reserved for Ex-Servicemen in Central Government jobs. Accordingly, out of 114 Group ‘C’ vacancies (Scientific & Technical – 90 vacancies and Adminsitration-24 vacancies) of URSC/Respondent No.2 office, 11 vacancies have to be reserved for Ex- Servicemen. Earlier an Advertisement for recruitment to the posts of Technician-‘B’ and Draughtsman-‘B’/Technical Assistant/Library Assistant was released by URSC/Respondent No.4 Division vide Advertisement dated 21.04.2018, wherein 15 vacancies were reserved for Ex-Servicemen in conformity with DOPT Notification dated 12.02.1986. Despite putting best efforts to recruit/select the Ex- Servicemen candidates duly relaxing the standard to fill up all the existing vacancies reserved for Ex-Servicemen, only 02 Ex-Servicemen candidates could be empanelled in the final select panel due to non- availability of su