Gyanandra Chettri vs State Of Sikkim - 2025 Supreme(Online)(Sikk) 61

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2025 Supreme(Online)(Sikk) 61

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Gyanandra Chettri – Appellant
Versus
State Of Sikkim – Respondent
Writ Petition

Important Points

An individual currently serving in the Armed Forces does not qualify as an 'Ex-servicemen' for the purpose of reserved recruitment categories; furthermore, provisional admission to an examination process does not preclude the recruiting authority from summarily rejecting a candidate upon discovering the lack of essential eligibility criteria.

Subject

Service Law - Recruitment and Eligibility

Act Referred

Constitution of India: Art.226
Ex-Servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 1986: S.2(c)

Headnote

The petitioner filed a writ petition seeking to challenge the rejection of his candidature for the post of Sub-Inspector under the 'Ex-Servicemen' quota. The court analyzed Article 226 of the Constitution of India and the terms set out in the advertisement published by the respondent. It was noted that the petitioner was still in service at the time of the application and did not satisfy the criteria of an 'Ex-servicemen' as required for the reserved post. The main issue raised was whether an individual currently serving in the Armed Forces, but possessing a 'No Objection Certificate' for future retirement, is eligible to apply for posts reserved for 'Ex-servicemen'. The ratio decidendi established that the definition of 'Ex-servicemen' pertains to those who have already 'served' and concluded their term, and that the notice of the recruiting body explicitly allowed for the summary rejection of any candidate who did not fulfill eligibility conditions at any stage of the verification process. In view of the above, the Court held that the petitioner was ineligible at the time of application and dismissed the Writ Petition.

Advocates:
For the Appellants/Petitioners: Rahul Rathi
For the Respondents: Pema Bhutia, Aarohi Bhalla, Bhusan Nepal

Table of Content
1. summary of the relief sought and the factual history regarding the candidate's application and subsequent disqualification. (Para 1 , 2)
2. conflicting arguments between parties regarding eligibility and the rejection of the petitioner's representation. (Para 3 , 4 , 5 , 6)
3. judicial interpretation of the term 'ex-servicemen' and the binding nature of provisional candidature conditions set by the recruitment authority. (Para 7 , 8)
4. final order dismissing the petition based on the inability of the petitioner to satisfy the eligibility criteria. (Para 9 , 10)

Meenakshi Madan Rai, J.

1. The prayers in the instant Writ Petition inter alia are as follows;

“(a) …………………………………………………………

(b) Issue an appropriate writ, order/direction declaring the action of the Respondent No.2 in not considering the no objection certificate submitted by the Petitioner till production of discharge book and ex-servicemen card is illegal, arbitrary and unjust;

(c) Issue an appropriate writ, order/direction upon the Respondent No.2 to consider the no objection certificate submitted by the Petitioner till the production of discharge book and ex- servicemen card which may be obtained by the Petitioner on the date of his retirement;

(d) Issue a writ of certiorari or any other appropriate writ quashing the notice bearing no.55/SPSC/EXAM/2025, dated 20-09- 2025 as the same cannot override the initial notice bearing reference no.82/EXAM/SPSC/2025, dated 26-11-2025 which was advertised for filling up the vacancy and the initial notice did not state anything about the requirement of discharge book and ex-

servicemen card and as such the notice bearing reference no.

55/SPSC/EXAM/2025, dated 20-09-2025 is illegal and unlawful;

(e) Pass an ad-interim order directing the Respondent No.2 not fill in the position of the said one post of Sub Inspector reserved for Ex-servicemen OBC(SL) in which the Petitioner have (sic)

already qualified till the pendency of the instant writ petition;

(f) …………………………………………………………”

2. Learned Counsel for the Petitioner submits that consequent upon the advertisement bearing No.14/SPSC/EXAM/ 2025, dated 20-05-2025, issued by the Sikkim Public Service Commission (SPSC), Respondent No.2, inviting applications from eligible local candidates for filling up of thirty-nine (39) posts of Sub-Inspector, the Petitioner applied thereto, in the reserved category for “Ex-Servicemen (ESM) Other Backward Classes (OBC) State List (SL)”. The Preliminary Examination was conducted on 21-09-2025 in which the Petitioner was permitted to take the examination. It is clarified by Learned Counsel for the Petitioner that vide a Notice dated 20-09-2025 the Petitioner was to submit his documents, viz., Discharge Book, Ex-Servicemen (ESM) ID Card. The requirement of these documents was made known to the candidate only on 20-09-2025, i.e., one day before the Petitioner was permitted to and appeared for the Preliminary Examination on 21-09-2025, after scrutiny of the documents. On 24-09-2025 the Petitioner appeared before the Respondent No.2 for scrutiny of his documents in terms of the Notice dated 20-09- 2025. On 26-09-2025, the results of the Preliminary Examination was declared by the Respondent No.2, wherein the Petitioner qualified. The requisite Physical Endurance Test (PET) was held on 14-10-2025 in which the Petitioner was again successful as evident from the result published on 17-10-2025. On 08-11-2025 and 09-

11-2025 the Petitioner took the final examination for the advertised post. On 26-11-2025, the final examination results were declared. The Petitioner had successfully cleared the examination and his name appeared in the Merit List. After such declaration, the Respondent No.2 required the Petitioner to appear for scrutinising the documents in terms of the Employment Advertisement dated 20-05-2025 (supra). On 29-11-2025, the Petitioner was requested verbally by the Respondent No.2 to produce the Discharge Book, Ex-Servicemen (ESM) ID Card. In compl