Ex-servicemen availing age relaxation cannot seek unreserved category benefit: Delhi High Court

New Delhi [India], February 18 (ANI): The Delhi High Court has ruled that former servicemen who avail age relaxation to participate in a recruitment process cannot subsequently claim consideration under the unreserved category, even if they secure marks higher than certain candidates shortlisted in the general category.
Justice Sanjeev Narula, while dismissing a writ petition filed by several ex-servicemen candidates, observed that eligibility gained through a concession creates a separate plane of consideration.
The Court stated that a candidate who relies on a category-specific relaxation to cross the eligibility barrier cannot simultaneously seek treatment as an unreserved candidate for shortlisting or selection.
The petitioners had approached the Court challenging their exclusion from the list of candidates called for document verification in a recruitment exercise conducted by the Airports Authority of India (AAI) for non-executive posts in the Northern Region.
They argued that since their marks were higher than the last shortlisted candidate in the unreserved category, they should have been allowed to "migrate" to the general pool.
However, the Court found that the petitioners had exceeded the upper age limit prescribed for candidates in the unreserved category and were eligible to participate in the examination solely because they availed the age relaxation granted to ex-servicemen.
It held that such candidates cannot claim consideration against unreserved vacancies unless they meet all eligibility conditions, including age, without taking any relaxation.
The judgment explained that reservation for ex-servicemen is a horizontal reservation that cuts across categories, but the principle of migration to unreserved seats is governed by the applicable rules and executive instructions.
Referring to Department of Personnel and Training (DoPT) guidelines placed on record, the Court noted that an ex-serviceman can be considered for an unreserved post only if all eligibility conditions are satisfied without concessions. If age relaxation is used, consideration must remain confined to the ex-servicemen quota.
The Court further observed that document verification in the recruitment process was conducted through category-wise shortlisting based on a prescribed ratio. Since the petitioners were processed under the ex-servicemen stream and did not fall within the required merit zone of that category, their exclusion from the verification stage could not be termed arbitrary.
Rejecting the argument that merit alone should allow migration to the general category, the Court held that the principle of open competition is subject to the framework of recruitment rules. Where executive instructions treat age relaxation as a disabling factor for migration, courts cannot rewrite the policy unless it is shown to be arbitrary or illegal.
Concluding that the petitioners' participation itself was dependent on the age concession available to ex-servicemen, the Court held that they had no right to be treated as unreserved candidates for shortlisting or appointment. Accordingly, the writ petition was dismissed. (ANI)