Eligibility criteria for Ex-servicemen in recruitment must align with statutory rules; arbitrary conditions imposed by executive instructions are unlawful.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

Since a common question of facts and law arises in the present O.As., we have heard both the OAs together and they are being disposed of by this common order. However, for the sake of brevity, the facts are primarily being extracted from O.A. No. 1473/2021 being the lead case, with the consent of the learned counsel for the parties.

2. The O.A. No. 1473/2021 has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:-

“a) Declare the action of the Respondents in not allowing the applicants to participate in the PET as arbitrary, illegal and against the essence of Natural Justice.

b) Declare that the provision of the Rule 28 [1] [a] of the Delhi Police [Appointment & Recruitment] Rules, 1980. Standing Order No. 212 of 2020 issued by the respondent no. 2 and of Notice dated 01.08.2020 issued by the respondent no. 3 Annexed as Annexure A-2, Annexure A-3 and Annexure A-4 respectively, upto the extent by which it restricts the date of discharge being not more than two years prior to the last date of submission of the application form, is illegal and arbitrary.

c) Declare that the applicants are within prescribed age limit for the post of Constable [Exe] as advertised by the respondents.

d) Direct the respondents to allow the applicants to participate in the selection process for the post of Constable [Exe] applied by the applicants and appoint them to the post of Constable [Exe] if otherwise found eligible as per their merit alongwith consequential benefits.

e) Award costs of the proceedings; and f) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant.”

3. The applicants have impugned the rejection order dated 15.07.2021 issued by the Respondent No. 2, whereby the applicants, who are Ex-servicemen, were not permitted to appear in the Physical Endurance Test (PET) inspite of qualifying in written examination, and as a result, they were declared ineligible for appointment to the post of Constable (Exe.) in Delhi Police, solely on the ground that their discharge from Defence Services was more than two years prior to the closing date of submission of application. According to them, the impugned rejection order, the underlying Rule 28 (1) (a) of the Delhi Police (Appointment & Recruitment) Rules, 1980 (in short, 1980 Rules) and Standing Order (S.O.) No. 212 of 2020, as also the Notice dated 01.08.2020, are ex facie illegal, arbitrary, unconstitutional and ultra vires, being contrary to the parent statute governing age relaxation for Ex-servicemen framed under Article 309 of the Constitution of India .

4. The learned counsel for the applicants contended that the issue of age relaxation for Ex-servicemen in Central Civil Services and Posts is wholly governed and occupied by the statutory rules under Article 309 of the Constitution of India . The relevant statutory framework comprises DoPT O.M.No. 39016/10/79-Estt.(c) dated 15.12.1979, as amended vide DoPT O.M. No. 36034/5/85-Estt.(SCT) dated 14.04.1987, further amended vide Notification No. 36034/1/2006 Estt. dated 04.10.2012 read in conjunction with the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. Rule 5 of the Ex-servicemen (Re-employment) Rules, 1979 unequivocally provides that:

"For appointment to any vacancy in Central Civil Services Group 'C' and Group 'D', every ex-serviceman shall be allowed to deduct the period of such service from his actual age and if the resultant age does