Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 2559

CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, Judicial Member, Rajinder Kashyap, Administrative Member
Ajay Kumar Roy – Appellant
Versus
Staff Selection Commission – Respondent
O.A. No.1880 of 2015

Advocates:
For the Appellants/Petitioners: Anil Singal
For the Respondents: Hanu Bhaskar

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; ineligible inclusions vitiate result requiring re-scrutiny.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Reservation for ex-servicemen - Nature and application - Reservation for ex-servicemen is horizontal in nature, cutting across vertical categories, and operates as overall horizontal reservation unless expressly compartmentalised - Manner of application: First prepare merit lists under vertical categories, then adjust horizontal quota by including eligible candidates, removing from bottom if shortfall, without removing excess selected on merit - DoP&T OM dated 14.08.2014, being prospective and issued after closing date of recruitment (15.02.2013), cannot alter terms of advertisement including ineligibility of those already employed in civil side after availing prior reservation or acquiring status post-stipulated period - Result prepared in violation liable to be set aside with direction for re-scrutiny of eligibility and re-preparation of select list. (Paras 15, 16, 17, 20)

(B) Recruitment process - Rules of game - Cannot be changed midstream - Selection governed strictly by advertisement terms on closing date; subsequent executive instructions inapplicable - Recruiting agency to ensure eligibility compliance before finalisation, not shift burden to user departments post-nomination. (Paras 17, 23, 24)

Facts of the case:
Ex-serviceman applied under reserved category for post of Auditor through CGLE-2013, secured marks below declared cut-off, challenged result alleging inclusion of ineligible candidates under ex-servicemen quota who had prior civil employment after availing reservation or acquired status post-deadline, violating advertisement notes; contended horizontal reservation misapplied and subsequent OM wrongly relied upon, lowering cut-off upon exclusion would qualify him.

Findings of Court:
Impugned result to extent of ex-servicemen category set aside; directed comprehensive re-scrutiny of all selected candidates' eligibility per advertisement terms, re-determination of cut-offs, consideration of applicant if eligible with notional pay fixation from last appointee's date and actual benefits from appointment date; exercise within four months.

Issues: (i) Whether ex-servicemen reservation is horizontal or vertical; (ii) If horizontal, compartmentalised or overall; (iii) Applicability of OM dated 14.08.2014 to recruitment closed on 15.02.2013.

Ratio Decidendi: Ex-servicemen reservation is overall horizontal, applied post vertical lists; subsequent prospective OM inapplicable; eligibility per advertisement notes mandatory, requiring verification to exclude ineligibles before final select list.

Result: OA allowed in terms; result set aside for ex-servicemen category, re-scrutiny and fresh select list directed.

Table of Content
1. ex-serviceman applicant's ineligibility challenge due to cutoff. (Para 1 , 2)
2. om 2014 inapplicable; horizontal reservation violated. (Para 4 , 7)
3. applicant's low marks; ssc role limited to nomination. (Para 5)
4. ex-servicemen reservation is overall horizontal. (Para 6 , 9 , 10 , 11 , 12 , 13 , 14)
5. rules cannot change post-advertisement closing date. (Para 15 , 16 , 17 , 18 , 19 , 20)
6. re-scrutinize ineligible ex-servicemen selections. (Para 21 , 22 , 23 , 24 , 25 , 26)

Central Administrative Tribunal Principal Bench, New Delhi O.A. No.1880 of 2015 Orders reserved on : 05.02.2026 Orders pronounced on : 26.02.2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

Ajay Kumar Roy, Ex-Serviceman, Recruit CGLE-2013, Aged about 42 years, S/o Sh. Bateshwar Roi, R/o C/o Sh. Satpal Singh, 134, T.K.D. Village, New Delhi-44. ...Applicant (By Advocate: Shri Anil Singal)

VERSUS

1. Staff Selection Commission, Through its Chairman, Block No.12, CGO Complex, Lodhi Road, New Delhi.

2. Department of Personnel & Training (DoPT), Through its Secretary, North Block, New Delhi.

3. Sh. Vinod Kumar Bansal (Serial No.1138)

4. Sh. Nilesh Kumar Verma (Serial No.1432)

5. Sh. Anish Kumar (Serial No.1448)

6. Sh. Manoj Kumar Jha (Serial No.2707)

7. Sh. Pranav Kumar Singh (Serial No.2918)

8. Sh. Animesh Kabi (Serial No.3260)

(Respondent No.3 to 8 to be served through Respondent No.1)

….Respondents (By Advocate: Shri Hanu Bhaskar)

O R D E R Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:-

"1. To quashed and set aside Result dt.25.3.2015 declaring as illegal, ultra-virus, null and void, without jurisdiction and authority and automatically ineffective from its inception and non-existence in the eyes of law being in violation of Article 14 & 16 of the Constitution of India and contrary to the terms and conditions of Recruitment Advertisement for CGLE-2013.

2. To direct the respondents to prepare the Result of CGLE-2013 strictly according to the terms and conditions of Recruitment Advertisement for CGLE-2013.

3. To direct the respondents to consider the applicant’s appointment against the reserved vacancy of Auditor in the offices of CGDA for Ex-

Serviceman.

4. To award costs in favor of the applicant and pass any order or orders, which this Hon’ble Tribunal may deem just & equitable in the facts & circumstances of the case.”

FACTS OF THE CASE

2. Facts, as stated by the applicant, are that :

2.1 The applicant is an Ex-Serviceman. The applicant’s date of discharge is 30.9.2013.

2.2 The Staff Selection Commission (in short 'SSC') issued Recruitment Advertisement for Combined Graduate Level Examination, 2013 (herein after referred to as 'CGLE-2013) dated 19.01.2023 (Annexure A-2) for various posts, including the post of Auditor in the office of CGDA (Post Code 'U') with the last to apply as 15.02.2013. The result of the post of Auditor was to be prepared solely based on the marks obtained in the written Examination.

2.3 The said Recruitment Advertisement for CGLE-2013 in relation to Ex-Serviceman category provided as under :

“NOTE-I : Ex-servicemen who have already secured employment in civil side under Central Government on regular basis after availing of the benefits of reservation given to ex-servicemen for their re- employment are NOT eligible for fee concession or for claiming benefits of reservation under EXS category. However, they are eligible for age relaxation as per rules.

NOTE-III : For any serviceman of the three Armed Forces of the Union to be treated as Ex-Serviceman for the purpose of securing the benefits of reservation, he must have already acquired, at the relevant time of submitting his application for the Post / Service, the status of ex- serviceman and /or is in a position to establish his acquired entitlement by documentary evidence from the competent authority that he would complete specified t

Click Here to Read the rest of this document

2026 Supreme(Online)(CAT) 2559

CENTRAL ADMINISTRATIVE TRIBUNALManish Garg, Judicial Member, Rajinder Kashyap, Administrative MemberAjay Kumar Roy – AppellantVersusStaff Selection Commission – RespondentO.A. No.1880 of 2015

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; ineligible inclusions vitiate result requiring re-scrutiny.

Cases Referred (3)

CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, Judicial Member, Rajinder Kashyap, Administrative Member
Ajay Kumar Roy – Appellant
Versus
Staff Selection Commission – Respondent
O.A. No.1880 of 2015