Ex-servicemen’s skills must not be nullified by rigid qualification rules: High Court

The Punjab and Haryana High Court has held that services rendered by ex-servicemen must be honoured “in a practical manner” by ensuring opportunities for civil employment, and cautioned that rigid qualification requirements cannot be allowed to defeat the very purpose of reservations provided to them.

“It goes unsaid that technical skills gained during service with the armed forces involve the most rigorous forms of training available. The precision demanded by naval operations ensures that the candidates trained in the same are able to acquire mastery over advanced technologies and perform their duties even in high pressure situations,” Justice Harpreet Singh Brar observed.

The Bench was hearing the plea of an ex-serviceman, who approached the court seeking appointment as Junior Engineer (Electrical) against an advertisement dated June 28, 2024. He had applied under the ex-servicemen quota and cleared the written examination.

Counsel for the petitioner contended that the Naval Pension Office, vide letter dated January 8, confirmed that individuals holding “Naval Trades of CHEL ®/CHEL (P)” might be considered eligible for the post of J.E. (Electrical). Two other ex-servicemen with identical qualifications had already been issued letters for appointment in “sister enterprise” Dakshin Haryana Bijli Vitran Nigam (DHBVNL).

Admonishing the delay, the Bench made it clear that ordinarily, courts did not interfere with recruitment policies or prescribed educational qualifications. “Normally, the courts ought not to interfere with the selection mechanisms for any employment, especially the conditions laid down regarding educational qualifications. However, the same is warranted in the present matter as it involves delay in recruitment of a well-trained ex-serviceman,” the Bench observed.

Justice Brar further asserted that rules governing recruitment must not nullify the very benefit of reservation. “If the essential qualifications laid down for recruitment to civil employment are such that they nullify the benefit of reservation provided to ex-servicemen, the whole exercise would have been in vain. Therefore, the rules must be adequately relaxed to deliver the intended benefits of the reservations made in favour of ex-servicemen,” the Bench ruled.

Stressing the larger principle, the court added that ex-servicemen retired at a comparatively younger age than their civilian counterparts, and are discharged in large numbers every year. “However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged. As such, it is the duty of every employer to not create any unnecessary hindrances to their rehabilitation by denying them employment opportunities under the ex-servicemen quota,” Justice Brar observed.

Before parting, the court called for an affidavit before the next date of hearing on October 15, stating: “When were the essential conditions for the post of J.E.(Electrical) implemented, and how many ex-servicemen have been selected to the post of J.E. (Electrical) since implementation of the said essential qualification?”