Ex-Servicemen Recruitment Dispute: Supreme Court Rules on Eligibility Criteria

The Supreme Court of India recently delivered an important ruling in the case of Sudhir Singh & Others v. State of U.P. & Others, clarifying the eligibility criteria for recruitment of ex-servicemen to government posts. The case focused on whether individuals still in active service at the time of application could claim ex-servicemen status for recruitment purposes.

Background of the Case

The appellants were serving in the Armed Forces when the Uttar Pradesh Subordinate Service Selection Commission (UPSSSC) issued an advertisement in 2016 for recruitment to the post of Village Development Officer. The last date for submission of applications was February 10, 2016. The appellants applied under the ex-servicemen category while still in service, obtaining No-Objection Certificates (NOCs) from their respective employers.

After a prolonged selection process, they were issued appointment letters in May 2019. However, show-cause notices were later served on them, questioning their eligibility under the ex-servicemen category, and their appointments were ultimately declared null and void.

The High Court of Allahabad upheld the cancellation of their appointments, leading the appellants to challenge the decision before the Supreme Court.

Legal Issues Raised

Whether the appellants could be considered ex-servicemen at the time of application submission.
Whether obtaining an NOC while in service sufficed to qualify under the ex-servicemen category.
Whether the lack of the required Computer Course Certificate (CCC) at the time of application made them ineligible.

Arguments by the Appellants (Sudhir Singh & Others)

The relevant date for determining ex-servicemen status should be the date of appointment, not the date of application submission.
The UPSSSC had allowed them to submit documents later, implying their eligibility was provisionally accepted.
They possessed higher qualifications than required and were recommended for appointment.

Arguments by the Respondents (State of U.P. & Others)

The appellants were not ex-servicemen as of the last date of application submission.
They did not meet the requirement of possessing the CCC certificate at the time of application.
They misrepresented their eligibility status, which amounted to misconduct.

Supreme Court’s Observations

The Supreme Court ruled that eligibility for a government post is determined on the last date of application submission, unless otherwise specified in the advertisement. The Court made the following key observations:

Ex-servicemen status cannot be claimed by candidates still in active service on the last date of application.
The cutoff date for qualifications must be adhered to strictly to ensure fairness.
Allowing ineligible candidates to apply would violate the principle of equality under Article 14 of the Constitution.
Obtaining an NOC does not automatically confer eligibility under the ex-servicemen category.

Referring to the case of Rakesh Kumar Sharma v. State (NCT of Delhi) (2013) 11 SCC 58, the Court noted:

“Like the present appellant, there could be a large number of candidates who were not eligible as per the requirement of rules/advertisement. Granting any benefit to the appellant would be violative of the doctrine of equality, a backbone of fundamental rights under our Constitution.”

Final Judgment

The Supreme Court dismissed the appeal and upheld the High Court’s decision, stating that:

The appellants were ineligible under the ex-servicemen category at the time of application.
The lack of CCC certification further disqualified them from the recruitment process.
Their appointments were correctly canceled, and no relief could be granted.
However, any salary paid to them for work already performed should not be recovered.

Implications of the Judgment

The ruling sets a precedent in public employment recruitment:

Clarifies ex-servicemen eligibility – Candidates must have retired or been released from service before the application deadline.
Strict adherence to qualifications – Qualifications must be met by the last date of application submission.
Prevents fraudulent claims – Ensures that only eligible candidates apply under reserved categories.
Upholds merit-based selection – Ensures fairness and transparency in recruitment.

This Supreme Court decision reinforces the importance of adhering to eligibility criteria in public sector recruitment, ensuring that only qualified candidates benefit from reserved categories.

Petitioner Name: Sudhir Singh & Others.
Respondent Name: State of U.P. & Others.
Judgment By: Justice Vikram Nath, Justice Ahsanuddin Amanullah.
Place Of Incident: Uttar Pradesh, India.
Judgment Date: 30-10-2023.

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