Central Administrative Tribunal - Bangalore
Sandeepa S vs Isro on 12 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00168/2020
ORDER RESERVED : 29.01.2025
DATE OF ORDER : 12.02.2025
HON'BLE MRS. JUSTICE S SUJATHA ...MEMBER(J)
HON'BLE DR.SANJIV KUMAR ...MEMBER(A)
Shri Sandeepa S.,
S/o Siddappaji S.,
Aged about 26 years,
Residing at:#2/233 2nd Ward Vinayaka,
Badavanekallenahalli K.R.Nagar Town,
Krishnarajanagara Mysore,
Karnataka -571602. ...Applicant
(By Advocate, Ms. Maitreyi Krishnan)
Vs.
1. The Chairman,
ISRO, Secretary DOS,
Department of Space and ISRO HQ,
Antariksh Bhavan,
New BEL Road,
Bangalore-560231.
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2. The Director,
U.R.Rao Satellite Center,
Old Airport Road,
Vimanapura Post,
Bangalore -560017.
3. The Senior Head (Personnel and
General Administration),
U.R.Rao Satellite Centre,
Old Airport Road, Vimanapura Post,
Bangalore -560017.
4. The Senior Administrative
Officer (Recruitment),
U.R.Rao Satellite Centre,
Old Airport Road,
Vimanapura Post,
Bangalore -560017.
5. Shri Shyam Narayan,
S/o Late N.K.Narayanan Nair,
Aged about 43 years,
Residing at Ambattupara House,
Kurumbakkavau,
Temple Road, Edathala PO,
Aluva Kerala-683561,
C/o U.R.Rao Satellite Centre,
Old Airport Road, Vimanapura Post,
Bangalore -560017.
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6. Shri Shabeer S.M.,
S/o Shri S.M.Norruddin,
Aged about 42 years,
Residing at Door No.19-1-30,
Naralasetty Palem,
Near Church Bapatla,
Andhra Pradesh -522101,
C/o U.R.Rao Satellite Centre,
Old Airport Road, Vimanapura Post,
Bangalore -560017.
7. Shri Sumesh K.,
S/o K.Kamalasanan,
Aged about 40 years,
Residing at Thejas, Kudiyelapulimath (PO),
Trivandrum (D), Kerala-695612,
C/o U.R.Rao Satellite Centre,
Old Airport Road, Vimanapura Post,
Bangalore-560017.
8. Shri J.Karthick Raja,
S/o R.Jayaraman,
Aged about 41 years,
Residing at B/3,
Sainik School, Employee Quarter Post,
Amaravathi Nagar Police Station,
Amaravathi Nagar, Udumalpet Taluk,
Tirupur District, Tamil Nadu-642102. ...Respondents
(By Advocate, Shri N.Amaresh for Respondents No.1 to 4 and
Shri B.S.Venkatesh Kumar for Respondent No.5 to 8)
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ORDER
Per: Justice S.Sujatha ...........Member(J)
The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(i) Issue a writ of certiorari, or any other appropriate writ or order, quashing the impugned notification issued by Respondent No.1 bearing Advt. No. URSC:01: 2020 dated 15.02.2020 insofar as it pertains to the notification of posts in the category of Light Vehicle Driver-A (Post Code No.030) produced herewith as ANNEXURE-A6.
(ii) Pass such other order/s as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case, in the interests of justice and equity."
2. Succinctly stated the facts as narrated by the applicant are that he is a Driver holding LVD license bearing No.KA4520110005723 issued by the RTO, Bangalore. The applicant claims that he has necessary educational qualifications and experience required to apply for S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 5 OA 168 /2020/CAT/BANGALORE BENCH the post of Light Vehicle Driver-A (LVD-A) as per norms of recruitment notified in Source Document for Career Opportunities for Administrative Staff in DOS/ISRO, issued by Respondent No.1. Respondent No.1 vide notification dated 15.02.2020 called for applications to 4 posts in LVD-A category and notified the reservation of all the 4 posts for Ex- Servicemen. Being aggrieved, the applicant has preferred this OA.
3. The arguments of the learned Counsel for the applicant, Ms.Maitreyi Krishnan, are of two fold. Firstly, the exclusive reservation for Ex-Servicemen of notified posts in the category of LVD-A is illegal and arbitrary. Secondly, the posts in horizontal reservation cannot be carried forward. Elaborating the arguments on these points, learned Counsel submitted that it is well settled principle that not more than 50% of entire category of post cannot be under reservation, whereas the subject recruitment notification dated 15.02.2020 issued by the Respondent No.1 shows that 4 vacancies of Light Vehicle Driver-A are reserved for Ex-Servicemen. Inviting the attention of the Tribunal to the reply statement filed on behalf of the respondents learned counsel submitted that as admitted by the respondents 13 vacancies reserved for S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 6 OA 168 /2020/CAT/BANGALORE BENCH Ex-Servicemen which were not filled in previous Advertisement No.ISAC:02:2018 dated 21.04.2018 were carried forwarded to the subject Advertisement No.URSC:01:2020 dated 15.02.2020 and put together 24 vacancies (13 carried forward vacancies + 11 reserved for current recruitment year vacancies) were kept reserved for Ex- Servicemen in the URSC Advertisement. Learned Counsel has placed reliance on the following citations:
1) Post Graduate Institute of Medical Education and Research Chandigarh v Faculty Association and others reported in AIR 1998 SC 1767.
2) Jitendra Kumar Singh and Another v. State of UP and Ors. reported in (2010) 3 SCC 119.
3) Saurav Yadav and Ors. v. State of Uttar Pradesh and Ors. reported in (2021) 4 SCC 542.
4. Learned Counsel for the official respondents, Shri N.Amaresh submitted that in terms of DOPT Gazette notification dated 04.10.2012, 10% of the vacancies in Group 'C' posts and 20% of vacancies in Group 'D' posts ought to be reserved for Ex-Servicemen in Central Government jobs. Accordingly, out of 114 Group 'C' vacancies (Scientific & S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 7 OA 168 /2020/CAT/BANGALORE BENCH Technical - 90 vacancies and Adminsitration-24 vacancies) of URSC/Respondent No.2 office, 11 vacancies have to be reserved for Ex- Servicemen. Earlier an Advertisement for recruitment to the posts of Technician-'B' and Draughtsman-'B'/Technical Assistant/Library Assistant was released by URSC/Respondent No.4 Division vide Advertisement dated 21.04.2018, wherein 15 vacancies were reserved for Ex-Servicemen in conformity with DOPT Notification dated 12.02.1986. Despite putting best efforts to recruit/select the Ex- Servicemen candidates duly relaxing the standard to fill up all the existing vacancies reserved for Ex-Servicemen, only 02 Ex-Servicemen candidates could be empanelled in the final select panel due to non- availability of sufficient number of Ex-Servicemen candidates of the required standard. Hence remaining 13 vacancies reserved for Ex- Servicemen which were not filled in the previous Advertisement dated 21.04.2018 were carried forward to the present Advertisement dated 15.02.2020, considering the outcome of the previous experience of not getting sufficient number of Ex-Servicemen in other Scientific & Technical (S&T) posts, this time with the approval of competent S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 8 OA 168 /2020/CAT/BANGALORE BENCH authority, total number of vacancies available in the entire Drivers category i.e., 5 vacancies of Heavy Vehicle Driver 'A' (HVD 'A') and 4 vacancies of Light Vehicle Driver (LVD 'A') were exclusively reserved/earmarked for Ex-Servicemen and the rest of the 15 vacancies of Ex-Servicemen are reserved for all other Group 'C' posts in the said URSC/Respondent No.2 Office Advertisement. Referring to DOPT OM dated 12.09.1986, learned Counsel submitted that a special Recruitment Drive has been undertaken to fill up the huge unfilled vacancies reserved for Ex-Servicemen. In this regard, Department of Space, Bengaluru had communicated vide D.O. letter dated 23.04.2019 that the percentage of Ex-Servicemen with respect to the total strength of Group 'C'/MTS employees in URSC is substantially less than the percentage prescribed by the Government of India and also directed URSC to fill up the deficient post of Ex-Servicemen in the ensuing recruitment drive. Also, DOS has suggested that a special recruitment drive should be initiated, if required. Hence, the 5 vacancies of HVD 'A' and 4 vacancies of LVD 'A' are exclusively reserved for Ex-Servicemen to meet the shortfall of Ex-Servicemen in URSC. 10% of reservation for Ex-Servicemen does S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 9 OA 168 /2020/CAT/BANGALORE BENCH not exceed the upper ceiling limit of 50% for total reservation. Hence the reservation of all vacancies in LVD-A category for Ex- Service is not in contravention of reservation orders on Ex-Servicemen. DOPT OM dated 26.09.2012 and 12.09.1986 are referred to, to substantiate his arguments that reservation for Ex-Servicemen in LVD-A is justifiable.
5. Learned Counsel further submitted that subsequent to the subject recruitment notification, another recruitment notification in 2021 was issued by the Respondent No.1 inviting the applications for the post of LVD-A, but the applicant has not availed the same. Further pursuant to the notification dated 10.02.2024 issued by the Respondent No.1 for the post of LVD-A during the pendency of the present OA, in compliance with the directions issued by this Tribunal, the applicant was permitted to appear for the written examination held for the post of Driver LVD-A on 18.04.2024 at Bengaluru despite no application submitted by him, but he was not successful.
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6. Learned Counsel Shri B.S.Venkatesh Kumar appearing for the private respondents submitted that the private respondents have already undergone the selection proceedings, have been selected and only appointment orders are awaited. The applicant has not fulfilled the eligibility criteria as laid down in the recruitment notification for the post in question. One of the eligibility conditions as per the notification is "experience certificate should only be from Government/Semi- Government agencies/Registered Companies/Societies/Trusts etc. Experience certificates from individuals will not be accepted". As could be seen from Annexure A5 of the OA, the applicant has produced the experience certificate dated 27.11.2019 issued from a firm - Universal Inks. This certificate in any manner cannot be said to be issued by the Government/ Semi-Government agencies/ Registered Companies/ Societies/Trusts. The letter head of the firm does not even show that the firm is registered with any authority. Hence the person who is not qualified for being called for selection proceedings cannot question the clauses in the notification. Reliance was placed on the comprehensive FAQ issued by the DOPT on the reservation policy of Ex-Servicemen S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 11 OA 168 /2020/CAT/BANGALORE BENCH dated 23.03.2012, in particular answer to Question No.7. Learned Counsel further submitted that there is one person in the OA and because of his litigation all the four candidates, private respondents herein, have been denied the appointment. Even if the applicant succeeds, no benefit would be available to him since the applicant is seeking for quashing of recruitment notification itself for the post in question. The private respondents have retired from defence forces, presently without any job for their sustenance. Further, age relaxation is available to Ex- Servicemen only once and since they have availed the said facility they cannot seek for public employment as they would be considered as age barred. Accordingly seeks for dismissal of the OA.
7. We have carefully considered the submissions of the learned Counsel for the parties and perused the material on record.
8. In terms of Ex-Servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012, reservation of vacancies is as under:
S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 12 OA 168 /2020/CAT/BANGALORE BENCH "Reservation of vacancies:- 10% of the vacancies in the posts upto the level of the Assistant Commandant in all para-military forces, 10% of the vacancies in Group 'C' posts, and 20% of the vacancies in Group 'D' posts, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by Ex-Servicemen."
9. OM dated 12/3-20-1987 issued by the DOPT reads as under:
"Subject:- Dereservation of reserved vacancy and non-
availability certificate-Recommendation of the High level Committee on the problem of Ex-Servicemen.
The High Level Committee on the problems of ex- servicemen has in Para 15.10 (supportive Para.5.50) of its repost has inter alia made the following recommendations:-
(i) The Procedure for dereservation of reserved posts for ex-servicemen be done strictly in accordance with the existing rules;
(ii) Directorate General Resettlement should be given 30 clear days for confirmation regarding non-availability of ex-servicemen for specific posts; and S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 13 OA 168 /2020/CAT/BANGALORE BENCH
(iii) the vacancies reserved for ex-servicemen be kept vacant and carried forward for at least one year before these are deserved and filled up by others.
2. After careful consideration, the Government have accepted the recommendations of the High Level Committee on Problems of ex-servicemen at (i) and (ii) above.
3. In regard to Part (iii) of the recommendation No.15.10 of the High Level Committee, it has been decided that there will be no objection of the number of posts reserved for ex-servicemen but not filled in any particular year is added to the number of posts falling to the share of ex-servicemen in the next year. This, of course is without disturbing the general policy of reservation for other categories for whom reservation is available and subject to the condition that the upper ceiling of 50% for total reservation as prescribed in terms of Supreme Court Judgment, is adhered to.
4. Ministry of Finance, etc., are therefore, requested to bring the contents of this Office Memorandum of the notice of all the Appointing Authorities under the administrative control and ensure that there is no laxity on the part of authorities in implementing the above instructions."
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10. DO letter dated 23.04.2019 issued by the Department of Space, Government of India to the Director, URSC, Bengaluru states that the Ministry of Defence vide letter dated 14.03.2019 informed that the percentage of Ex-Servicemen with respect to the total strength of Group 'C' employees is far below than the percentage prescribed by the Government of India, which implies that reservation policy for Ex-Servicemen laid down by the Central Government is not properly being implemented by DOS thereby defeating the purpose for which reservation has been provided for Ex-Servicemen. It is further stated that in terms of DOPT notification dated 12.02.1986, in case of direct recruitment, if sufficient number of candidates belonging to Ex-Servicemen are not available on the basis of general standard to fill all the vacancies reserved for them, candidates belonging to the category of Ex-Servicemen has to be selected under a relaxed standard of selection to make up the deficiency in the reserved quota subject to the condition that such relaxation will not affect the level of performance by such candidates. Referring to the half yearly report sent by URSC, it is observed that percentage of Ex-Servicemen is 2.34% which is far below S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 15 OA 168 /2020/CAT/BANGALORE BENCH the 10% ceiling fixed by the Government of India and hence it has been requested to act swiftly to ensure deficient posts are filled in the ensuing recruitment drive and send a compliance report to the Department. It is also directed that if required, a special recruitment drive shall be initiated to expeditiously complete impending issue.
11. In Post Graduate Institute of Medical Education and Research supra, the question that arose for decision was, whether in single cadre post, reservation for the backward classes, namely, Scheduled Castes, Scheduled Tribes and other backward classes can be made either directly or by applying rotation of roster point. The said question has been answered as under:
"36. Hence, until there is plurality of posts in a cadre the question of reservation will not arise because any attempt of reservation by whatever means and even with device of rotation of roster in a single post cadre is bound to create 100% reservation of such post whenever such reservation is to be implemented. The device of rotation of roster in respect of single post cadre will only mean that on some occasions there will be complete reservation and the appointment to such post is kept out of bound to the members of a large segment of the community S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 16 OA 168 /2020/CAT/BANGALORE BENCH who do not belong to any reserved class, but on some other occasions the post will be available for open competition when in fact on all such occasions, a single post cadre should have been filled only by open competition amongst all segments of the society.
37. Mr. Kapil Sibal has contended that in some higher echleon of service in educational and technical institution where special expertise is necessary to hold superior posts, like Professors and Readers there should not be reservation even if there are plurality of posts in such cadre as indicated in the majority view in Indra Sawhney's case (1992 Supp (3) SCC 217). It is, however, not necessary for us to decide the said contention for the purpose of disposal of these matters, where the question of reservation in single cadre post calls for decision.
38. We, therefore, approve the view taken in Chakradhar's case that there can not be any reservation in a single post cadre and we do not approve the reasonings in Madhav's case (1997 AIR SCW 3113), Brij Lal Thakur's case and Bageswari Prasad's case (1995 Supp (1) SC 432) upholding reservation in a single post cadre either directly or by device of rotation of roster point. Accordingly, the impugned decision in the case of Post Graduate Institute of Medical Education Research cannot also sustained. The Review Petition made in civil appeal No. 3175 of 1997 in the S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 17 OA 168 /2020/CAT/BANGALORE BENCH case of Post Graduate Institute of Medical Education Research, Chandigarh, is therefore allowed and the judgment dated May 2, 1997 passed in civil Appeal No. 3175 of 1997 is set aside."
This judgement deals with reservation in a single post cadre.
12. In Jitendra Kumar Singh supra, it is observed thus:
"20. The Division Bench has also held that the reservation in favour of women is constitutionally permissible and is valid. On issue No.5 it has been held that in view of the GO dated 26.02.1999 (para 4), the 52 vacancies of general category kept reserved for women candidates have been illegally carried forward for the next selection instead of filling in from the general category male candidates. However, since the posts remained vacant, the same had to be filled from the general category male candidates and could not be carried forward."
Issue No.5 referred to therein reads thus:
"5. Whether seats reserved for women can be carried forward in case suitable candidates are not available or the reservation being horizontal and applicable to all S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 18 OA 168 /2020/CAT/BANGALORE BENCH categories, the unfilled vacancies are to be filled by suitable male candidates."
13. Referring to Division Bench judgment impugned therein, Hon'ble Apex Court observed that at considerable length Division Bench has also distinguished between vertical and horizontal reservations. It has also correctly concluded that in case of horizontal reservation, the carry forward rule would not be applicable. It has been held that it can be no longer disputed that reservation under Article 16(4) of the Constitution of India aims at group backwardness. It provides for group right. Article 16(1) of the Constitution of India guarantees equality of opportunity to all citizens in matters relating to employment. However, in implementing the reservation policy, the State has to strike a balance between the competing claims of the individual under Article 16(1) and reserved categories falling within Article 16(4). Further it has been observed that all these issues are no longer res-integra in view of the authoritative judgment rendered in Indra Sawhney and Ors. vs. Union of India and Ors. reported in 1992 Supp (3) SCC 217.
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14. Hon'ble Apex Court has referred to the Paragraph Nos.2 and 4 of the GO instructions dated 26.02.1999 involved in the issue (Jitendra Kumar Singh, supra) which reads as under:
"2. The reservation will be horizontal in nature i.e., to say that category for which a women has been selected under the aforesaid reservation policy for posts for women in Public Services and on the posts meant for direct recruitment under State Government, shall be adjusted in the same category only;
xxxx xxxx xxxx xxxx
4. If the suitable women candidate is not available for the post reserved for women in Public Services and on the posts meant for direct recruitment under State Government, then such a post shall be filled up from amongst a suitable male candidate and such a post shall not be carried forward for future;"
15. Considering the aforesaid paragraphs, the conclusion recorded by the Division Bench is held to be without any factual basis since clearly no post was carried forward. But the law laid down by the Hon'ble Apex Court in the case of Indra Sawhney supra, referred to S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 20 OA 168 /2020/CAT/BANGALORE BENCH therein for deciding the issue of subject horizontal reservation is relevant and the same reads as under:
"812. We are also of the opinion that this rule of 50% applies only to reservations in favour of backward classes made under Article 16(4). A little clarification is in order at this juncture; all reservations are not of the same nature. There are two types of reservations, which may, for the sake of convenience, be referred to as 'vertical reservations' and horizontal reservations'. The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped [under clause (1) of Article 16] can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations - what is called interlocking reservations. To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to clause (1) of Article 16. The persons selected against this quota will be placed in the appropriate category; if he belongs to SC category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (OC) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00'
21 OA 168 /2020/CAT/BANGALORE BENCH in favour of backward class of citizens remains - and should remain - the same. This is how these reservations are worked out in several States and there is no reason not to continue that procedure."
16. In Saurav Yadav supra, the question was more about how adjustment to be made while applying the principle of horizontal reservation.
"60. Horizontal reservations on the other hand, by their nature, are not inviolate pools or carved in stone. They are premised on their overlaps and are 'interlocking' reservations (1992 Supp (3) SCC 217). As a sequel, they are to be calculated concurrently and along with the inviolate 'vertical' (or "social") reservation quotas, by application of the various steps laid out with clarity in paragraph 21.3 of Justice Lalit J's judgment. They cannot be carried forward. The first rule that applies to filling horizontal reservation quotas is one of adjustment, i.e. examining whether on merit any of the horizontal categories are adjusted in the merit list in the open category, and then, in the quota for such horizontal category within the particular specified/social reservation.
61. The open category is not a 'quota', but rather available to all women and men alike. Similarly, as held in Rajesh Kumar S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 22 OA 168 /2020/CAT/BANGALORE BENCH Daria [(2007) 8 SCC 785], there is no quota for men. If we are to accept the second view [as held by the Allahabad High Court in Ajay Kumar v. State of U.P. (2019 SCC OnLine All 2674) and the Madhya Pradesh High Court in State of Madhya Pradesh & Anr. v. Uday Sisode (2019) SCC OnLine MP 5750), referred to in paragraph 24 and 25 of Justice Lalit J's judgment], the result would be confining the number of women candidates, irrespective of their performance, in their social reservation categories and therefore, destructive of logic and merit. The second view, therefore - perhaps unconsciously supports- but definitely results in confining the number of women in the select list to the overall numerical quota assured by the rule.
17. In paragraph 66 it is observed thus:
"66. I would conclude by saying that reservations, both vertical and horizontal, are method of ensuring representation in public services. These are not to be seen as rigid "slots", where a candidate's merit, which otherwise entitles her to be shown in the open general category, is foreclosed, as the consequence would be, if the state's argument is accepted. Doing so, would result in a communal reservation, where each social category is confined within the extent of their reservation, thus negating merit. The open category is open to all, and the only condition S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 23 OA 168 /2020/CAT/BANGALORE BENCH for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him."
18. The relevant portion of OM dated 26.09.2012 issued by the Ministry of Labour & employment, Directorate General of Employment and Training, New Delhi, states as under:
"....... that every year, large number of service personnel get retired from the Armed Forces at a comparatively young age. In recognition of the services rendered by them for the defence of the country, they needed to be rehabilitated into civilian jobs, after retirement. It needs no emphasis that the ex-servicemen, by virtue of their experience and training in the Armed Forces are fully competent and equipped for performing various civilians jobs.
In addition, it is stipulated in DoPT OM No.36034/11/85- Estt(SCT) dated 12.09.1986 that a Special Recruitment Drive shall also be undertaken to fill up the huge unfilled vacancies reserved for Ex-Servicemen."
19. Thus, it is well settled that reservation for Scheduled Caste/Scheduled Tribe and Other Backward Classes is referred as S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 24 OA 168 /2020/CAT/BANGALORE BENCH vertical reservation whereas the horizontal reservation refers to equal opportunity provided to other categories of beneficiaries such as Women, Transgender, individual with disabilities. Horizontal reservation cuts across vertical reservations, which are social reservations (in what is called interlocking reservations). Even after providing horizontal reservation adjustment, the percentage of reservation in favour of backward class of citizens should remain the same. To acknowledge and support those who have served in the armed forces, re-integration support system i.e., to facilitate the re-integration of ex-servicemen into civilian by providing employment opportunities, special reservation for Ex-servicemen is provided which comes under horizontal reservation. In the background of no challenge made to DOPT OM dated 12/3-20- 1987, where unfilled vacancies of Ex-Servicemen could be carried forward to the next recruitment process and keeping in mind the benevolent/laudable object of Ex-Servicemen (Re-employment in Central Civil Services and Posts) scheme vis-à-vis the DO letter of Joint Secretary, Department of Space dated 23.04.2019 addressed to consider the reservation to Ex-Servicemen as a special drive to meet the S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 25 OA 168 /2020/CAT/BANGALORE BENCH objective of 10% reservation to Ex-Servicemen in Group 'C' posts of URSC, the impugned reservation to Ex-Servicemen could be treated as a special drive for achieving the objectives of reservation to Ex- Servicemen. On quashing the impugned recruitment notification, no benefit would accrue to the applicant since there is no guarantee that the applicant will succeed in the selection process. It is also pertinent to note that the applicant has not availed the opportunity available to him to participate in the next recruitment process(s) invited by the respondents for the post of Light Motor Vehicle Driver. Keeping all these aspects in mind notwithstanding the applicant applied pursuant to the recruitment notification dated 10.02.2024, this Tribunal provided an opportunity to the applicant to appear for the written examination scheduled for the selection of LVD-A, but unfortunately the applicant has not succeeded therein.
20. As pleaded by the private respondents-selected candidates, their age relaxation being permissible only once, such candidates would be deprived of their eligibility to participate in the recruitment process and they could not be penalized for the mistake, if any, committed by the S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 26 OA 168 /2020/CAT/BANGALORE BENCH respondents. On the other hand, the applicant has still got eligibility criteria as the required age prescribed is 18 to 35 years. In the interest of equity, no purpose would be served in quashing the recruitment notification.
21. Yet another angle is, if vacancies reserved for Ex-Servicemen were not required to be carried forward from the previous recruitment process, the benefit ought to have been flown to the other eligible candidates of that recruitment but not to the applicant. Disturbing the previous recruitment selection process at this juncture of time, is not appropriate. Moreover, the impugned recruitment notification extends similar treatment to HVD-A posts wherein, all 5 vacancies are reserved for Ex-Serviceman. There being no challenge to the same, the said clause remains undisturbed. In the circumstances, quashing the notification as far as the posts of LVD-A are concerned would be discriminatory.
22. Hence, we are of the considered view that the issue would become only academic in nature in the circumstances of the case. Thus, S SARALADEVI S CAT, BANGALORE SARALADEVI2025.02.13 16:23:07-08'00' 27 OA 168 /2020/CAT/BANGALORE BENCH we find it appropriate to dismiss the OA with a direction to the respondents to follow the legal principles enunciated by the Hon'ble Apex Court as discussed hereinabove, in the future recruitments.
23. Resultantly, OA stands dismissed. No order as to costs.
Sd/- Sd/-
(DR.SANJIV KUMAR) (JUSTICE S.SUJATHA)
MEMBER(A) MEMBER(J)
sd.
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SARALADEVI2025.02.13
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