The absence of separate cut-off marks for specialized ex-servicemen categories undermines their entitlement to reservation, necessitating specific standards to ensure representation.

Hon’ble Mr. Manish Garg, Member (J)

The present O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking following reliefs:-

“8. (a) Quash and set aside the impugned orders/actions of the respondents to the extent of denial of 50% of 10% quota reservation to the applicants and b). Direct the respondents to adhere to the reservation stipulation as constrained in para 2.3 of the advertisement and c) Direct the respondents to announce separate cut-off to work out the 50% of 10% reservation towards ex-servicemen reservation quota of vacancies.

d) Further consider the applicants for appointment in accordance with their merit position under the 50% of 1O % reservation quota of vacancies of ex servicemen and appoint them accordingly e) Accord all consequential benefits f) Award costs of the proceedings; and g) Pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favour of the applicants and against the respondents in the facts and circumstances of the case.”

2. Highlighting the facts of the present case, learned counsel for the applicants has drawn a reference to the decision rendered in O.A. No. 767/2018, titled as Sundar Singh Vs. Staff Selection Commission and Ors., decided by a co-ordinate Bench of this Tribunal on

07.01.2025.

2.1. It has been highlighted that the issue in the said O.A. is also an issue, which has been adjudicated by the Tribunal in O.A. No. 767/2018 (supra), wherein the applicant belongs to the category of Ex-Servicemen, Inspector. The applicants herein are also aggrieved of the legal denial of 50% of 10% reservation of Sub- Inspector in the category of Ex-Servicemen in Delhi Police. The examination of recruitment of Inspector in question pertains to the same period as that of in O.A.

No. 767/2018 (supra).

3. Learned counsel for the respondents states that the grievance of the applicants is that no separate cut-off has been fixed by the Commission for the 50% quota reserved within the Ex Servicemen category. As per Notice of the Examination, out of 10% quota meant for Ex-Servicemen in Delhi Police, 50%. of such quota will be reserved for the special categories of Ex-Servicemen. The applicants' contention is that unless separate standards/ cut-off is declared for the special categories of Ex-servicemen, the reservation cannot be effected for them.

4.1 He further contends that sufficient number of candidates under Ex-Servicemen including 50% quota reserved for Special categories of Ex-Servicemen as mentioned above is available at the cut-off decided by the Commission vide write-up dated 29.01.2018 (Annexure R-1), a separate cut off for Special Forces etc. under Ex-

Servicemen categories has not been fixed.

4. Going through the records of the case, counter affidavit filed by the respondents and the submissions made by the learned counsel for the respondents. Similar contentions were urged by the counsel for the respondents.

4.1. We observe that the matter is identical and same to that of decision rendered in O.A. No. 767/2018 (supra). For ready reference relevant paras of the said O.A. is reproduced herein below:-

“7. Analysis From the pleadings of the parties and the averments made during arguments, the following issues are culled out for adjudication of the present OA.

a) Whether the reservation for Ex-servicemen and its sub-categories as per Standing order 321/

2013 be considered as vertical reservation?

b) Whether the Respondent No. 1 was bound to fix separate cut-off marks for the specialized group of Commandos to give effect to the reservation to three sub-categories under the Ex-Servicemen quota.

Both the issues are intertwined. Hence, we analyse them together in the following paragraphs.

7.1 Perusal of Clause 2.3 read with Standing Order 321/2013 of Delhi Police shows that