High Court Delivers Landmark Ruling on Ex-Servicemen Recruitment Eligibility
In a pivotal judgment that clarifies the legal framework for public sector recruitments involving former military personnel, the Punjab and Haryana High Court has issued a definitive ruling regarding the status of Ex-Servicemen (ESM). The court has emphatically stated that a No-Objection Certificate (NOC) provided to serving members of the armed forces does not automatically grant them ESM status for the purpose of selection processes.
Court Reiterates Strict Eligibility Criteria Based on Closing Date
The High Court has reinforced that eligibility for recruitment must be determined strictly as of the closing date for applications. This principle was highlighted in the dismissal of a petition filed by Jitender Kumar, who challenged the rejection of his candidature for the position of assistant professor in geography under the Haryana Public Service Commission's 2024 advertisement.
Justice Tribhuwan Dahiya articulated the court's position clearly, stating, "An NOC is only a permission granted to serving personnel to apply for any government post and has no concern with the recruitment process or the conditions based upon which the candidates have to be selected." The ruling underscores that while an NOC enables soldiers to submit applications, it does not supersede the statutory and advertised eligibility conditions.
Detailed Case Background: Petitioner's Claims and Court's Findings
The petitioner, who held the rank of sergeant in the Indian Air Force at the time of his application, had applied under the ESM category relying on an NOC dated June 28, 2024, issued by the IAF. This document permitted him to appear in competitive examinations and apply for government positions while still in active service. However, a critical timeline discrepancy emerged: he was formally discharged from service only on June 30, 2025, which was more than three months after the extended closing date for applications, set as March 15, 2025.
Despite clearing both the screening test and subject knowledge test and being called for document verification, his candidature was ultimately rejected at the final stage. The rejection was based on the grounds that he did not possess valid ESM status on the crucial cut-off date of March 15, 2025.
Legal Arguments and Court's Rationale
In his plea, Kumar argued that his application, supported by a valid NOC from the IAF, entitled him to ESM status on the closing date. He referenced a notification from the Ministry of Personnel, Public Grievances and Pensions dated October 27, 1986, which permits Armed Forces personnel to apply for re-employment one year before the completion of their term of engagement. He contended that this provision should qualify him for consideration as an Ex-Serviceman for the post in question.
After thorough hearings, the High Court concluded that since Kumar was still in active service on March 15, 2025, he failed to meet the essential eligibility requirement. The court observed, "Apparently, NOC is to give permission to serving Armed Forces personnel to apply for re-employment a year before completion of their term of engagement and avail the concessions meant for ex-Servicemen. However, possessing ESM status on the closing date for submission of applications is an essential requirement of eligibility in terms of the advertisement, which cannot be termed a concession available to the ex-Servicemen."
Clarification on ESM Status Acquisition
The court further clarified that Ex-Servicemen status is acquired only upon official release or retirement from service. This status must be substantiated by a valid certificate issued by the Zila Sainik Board as of the closing date for applications. The ruling emphasizes that procedural documents like an NOC cannot replace the formal certification required to establish ESM eligibility.
This judgment is expected to have significant implications for future recruitment processes, ensuring that eligibility criteria are applied consistently and transparently. It serves as a reminder to all candidates, particularly those from the armed forces, to verify their status meticulously against advertised requirements before applying.
