Supreme Court Rules IMNS Personnel Eligible for Ex-Servicemen Reservation in Punjab Recruitment

The Supreme Court of India recently delivered a significant judgment in the case of Irwan Kour vs Punjab Public Service Commission & Ors., addressing whether personnel from the Indian Military Nursing Service (IMNS) qualify for reservation under the ‘ex-servicemen’ category in Punjab government recruitments. The judgment, delivered by Justices Pamidighantam Sri Narasimha and Manoj Misra on April 16, 2025, has far-reaching implications for the interpretation of reservation policies for ex-servicemen in state government jobs.

The case revolved around a recruitment advertisement issued by the Punjab Public Service Commission on December 12, 2020, which included reservations for ex-servicemen. The appellant, Irwan Kour, a former Captain in the Medical Corps of the Indian Army, was appointed as Extra Assistant Commissioner under this category. However, the contesting respondent, a released officer from the IMNS, had her candidature rejected by the state on May 20, 2021, on grounds that IMNS personnel didn’t qualify as ex-servicemen.

The High Court’s division bench had overturned the single judge’s decision that initially upheld the rejection, leading to the appeal before the Supreme Court. The core legal question before the apex court was whether the term ‘ex-serviceman’ under the Punjab Recruitment of Ex-Servicemen Rules, 1982 includes personnel from the IMNS.

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The Supreme Court meticulously examined the provisions of the Military Nursing Service Ordinance, 1943, which establishes the IMNS as ‘part of the armed forces of the Union’ and ‘an auxiliary force of the Indian military.’ The Court noted that Section 3 of the Ordinance clearly states that the IMNS is raised and maintained ‘as part of the armed forces of the Union.’ This legal status was further reinforced by the Court’s earlier decision in Jasbir Kaur v. Union of India (2003), which recognized the IMNS as part of the Indian Army while being a distinct class.

Justice Narasimha, writing for the bench, emphasized: ‘Rule 2(c) of the Punjab Rules, 1982, defines “ex-serviceman” as a person who has served in any rank, as a combatant or non-combatant, in the Naval, Military, or Air Force of the Union… The IMNS is a part of the Indian Military and armed forces of the Union.’ The Court rejected the state’s argument based on clarifications from the Kendriya Sainik Board, noting that these didn’t bind the state’s rules framed under Article 309 of the Constitution.

The judgment highlighted the policy rationale behind reservation for ex-servicemen: ‘The State Government recognises the contribution of a resident of the State of Punjab by joining the armed forces of the Union… Their engagement in civil society is not merely a matter of employment opportunity for ex-servicemen but also subserves the larger interest of the nation.’ The Court noted Punjab’s disproportionate contribution to the armed forces (7.7% of Army personnel despite 2.3% of national population) and stressed the importance of resettlement for maintaining military morale.

While upholding the High Court’s decision that IMNS personnel qualify as ex-servicemen, the Supreme Court protected the appellant’s appointment, noting she had been serving since December 2022 without any challenge to her eligibility. The Court directed that the respondent no. 4 (IMNS officer) be appointed if found meritorious, with notional benefits but without backwages, and clarified this wouldn’t automatically terminate the appellant’s service.

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This judgment provides important clarity on the scope of ‘ex-servicemen’ reservations in state government jobs and reaffirms the status of IMNS personnel as part of the armed forces. It balances competing claims while recognizing the unique nature of military service across different branches of the defense forces.

Petitioner Name: Irwan Kour.
Respondent Name: Punjab Public Service Commission & Ors..
Judgment By: Justice Pamidighantam Sri Narasimha, Justice Manoj Misra.
Place Of Incident: Punjab.
Judgment Date: 15-04-2025.
Result: dismissed.

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