extent of non-
availability of suitableESM candidates (emphasis supplied)
ESM/DESM candidates of Haryana claiming benefit must have
valid eligibility certificate onlast date of submission ... vehemently argued that
both respondents No.3 and 4, who are DESM of a killed defence personnel,
were not eligible
total to 6,125.
Petitioners also applied for the posts under BCB-DESM (Dependent of
ESM) category. They appeared in the written examination, which carried ... self ESM candidates were rightly considered and the
Dependents of Ex-servicemen (DESM) candidates were not considered.
4. Order dated 17.07.2017 was passed
Heavy Vehicle Driver and Conductor, petitioner applied
for the said post under DESM-General Category. Written examination was
conducted and result (Annexure ... Gradation
Certificate as per Government instructions duly
issued by the competent authority. DESM shall be
required to produce the Valid Eligibility Certificate
duly issued
Petitioner had all the essential
documents except a formal certificate of DESM. Therefore, she applied for the
same before respondent No.3. On 12.09.2018, petitioner ... purpose of adjudication of the petition is the eligibility condition clause qua
DESM contained in the advertisement, which reads thus:-
"For Disabled ESM/ Dependent
under the selection process being carried by the
respondent-Commission under the DESM Category for the post of
Staff Nurse pursuant to another advertisement being
wrongly stated that he is ESM but actually, he belongs to DESM
category. Being so, his claim on the post under the ESM category
same has been declared without considering the
petitioner in DESM SC category. Further prayer has been made to select
the petitioner for the post ... Serviceman Dependent Certificate with a request to consider
her candidature in DESM SC category but to no vain.
3. Petitioner also submitted representation dated
applied under the category of DESM instead of ESP. Petitioner also moved
representation in this regard.
3. I have heard rival contentions of learned counsel
Self candidates as the ESM
candidates are having priority over DESM candidates as
mentioned in instruction reproduced above in para no.6
of the present ... Therefore, the petitioner was not
considered for the post in question under DESM-General
and was considered under his parent category i.e.
General category
forselectionto the post of Staff Nurse (Category No.10 and 19) in DESM
(General) Category, claiming that shehas secured higher marks than the last
selected