LAIKHURAM VARATDHAJA MEITEI vs STAFF SELECTION COMMISSION (SSC)

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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
[Reserved]

Original Application No. 40/117/2026


Reserved on: 10.09.2026


Pronounced on: 14.10.2026

Coram:-

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICAL MEMBER
HON’BLE MS. MALLIKA ARYA, ADMINISTRATIVE MEMBER



Between

Laikhuram Varatdhaja Meitei
S/o (Late) Laikhuram Nabicha Meitei,
Aged about 35 years,
Ex-Serviceman (Ex-Indian Navy – Petty Officer,
Communication) Resident of Kongba
Uchekon Takhok Mapal,
District — Imphal East,
State — Manipur – 795008.

......Applicant

[By Advocate: Applicant in-person]


-AND-

1. Staff Selection Commission,
Through its Chairman,
Block No. 12, CGO Complex,
Lodhi Road, New Delhi — 110003.

(Recruiting authority which conducted the Selection
Phase XIII Examination and declared the final
result dated 05.02.2026.)

2. Staff Selection Commission
(North Eastern Region),
Through its Regional Director,
OA No. 40/117/2026
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SOURABH KUMAR
KUMAR

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Housefed Complex, Beltola Basistha Road,
Last Gate Guwahati — 781028, Assam.

(Regional office responsible for conduct and coordination of
recruitment for North Eastern Region posts.)

3. Brahmaputra Board,
Through its Chairman,
Basistha, Guwahati — 781029, Assam.

(User Department for the post of Junior Accountant — Post
Code NE11425, responsible for reporting vacancies and
reservation details.)

4. Union of India,
Through the Secretary,
Department of Water Resources,
River Development & Ganga Rejuvenation,
Shram Shakti Bhawan,
Rafi Marg, New Delhi — 110001.

(Administrative Ministry exercising control over
the Brahmaputra Board.)

.....Respondents



[By Advocate: Mr. S.K. Ghosh, Addl. CGSC]

OA No. 40/117/2026
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR

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ORDER
PER R.S. DOGRA, MEMBER (J):

The instant OA has been filed by the applicant praying for
the following relief(s):-
8.1. Declaration of Illegality
Declare that the action and inaction of the Respondents namely
the Staff Selection Commission, Staff Selection Commission North
Eastern Region, Brahmaputra Board and Ministry of Jal Shakti, in:
8.1.1 Failing to implement the mandatory 10% horizontal
reservation for Ex-Servicemen in respect of Post Code
NE11425 (Junior Accountant, Brahmaputra Board) , despite
the binding Office Memorandum dated 04.10.2012 issued by
the Department of Personnel and Training;
8.1.2 Failing to incorporate the revised vacancy position
forwarded by Respondent No.3 including the communication
dated 25.07.2025 indicating availability of one Ex-Servicemen
vacancy; prior to declaration of the written examination result;
8.1.3. Declaring the result of the Computer Based
Examination (written examination) dated 05.02.2026
without reflecting Ex-Servicemen reservation for the said
post;
8.1.4. Procedurally excluding the Applicant from further
stages of recruitment by not reflecting Post Code NE11425
in the Applicant’s dashboard , thereby denying him the
opportunity to upload documents and participate in scrutiny in
terms of the procedure notified by the Commission dated
03.03.2026 ( Annexure A11 & A24 );
Be declared as arbitrary, unreasonable, violative of Articles
14 and 16 of the Constitution of India, contrary to binding
Government instructions, and liable to be set aside .
8.2. Quashing of Result (Limited Scope)
Issue an appropriate order or direction quashing and setting
aside the result of the Computer Based Examination (written
examination) dated 05.02.2026 (Annexure A11) insofar as it
relates to Post Code NE11425 , to the limited extent that:
OA No. 40/117/2026
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SOURABH KUMAR
KUMAR

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8.2.1 It does not reflect mandatory Ex-Servicemen
reservation as required under applicable Government policy;
and/or
8.2.2 It was declared without incorporating the revised
vacancy position allegedly forwarded by Respondent No.3
prior to declaration of the result.
8.3. Direction for Implementation of Reservation and
Reconciliation of Vacancy Position
Issue appropriate directions to the Respondents to:
8.3.1. Implement the mandatory 10% horizontal reservation
for Ex-Servicemen strictly in accordance with the Office
Memorandum dated 04.10.2012 issued by the Department of
Personnel and Training and other binding Government
instructions;
8.3.2 Verify, reconcile and incorporate the vacancy
communication issued by Respondent No.3 , including the
revised vacancy position forwarded prior to declaration of the
written examination result;
8.3.3 Rectify the vacancy matrix and recast/revise the
selection matrix accordingly for Post Code NE11425.
8.4. Direction to Permit Participation in Recruitment Process
Issue appropriate directions to Respondent No.1 and
Respondent No.2 to:
8.4.1 Make Post Code NE11425 visible in the Applicant’s
dashboard in the recruitment portal;
8.4.2 Permit the Applicant to upload the required
educational qualification, experience and supporting
documents relating to the said post in accordance with the
post-result document upload procedure;
8.4.3 Permit the Applicant to upload all required documents in
accordance with the post-result document upload procedure;
8.4.4 Consider the Applicant under the Ex-Servicemen
category strictly on merit , without prejudice to the rights of
other candidates.

8.5. Relief in View of Departmental Lapse
OA No. 40/117/2026
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SOURABH KUMAR
KUMAR

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In view of the admitted lapse on the part of Respondent
No.3 in not incorporating Ex-Servicemen reservation in the
requisition initially forwarded, and the delayed disclosure of
the communication dated 25.07.2025 through RTI
proceedings, issue appropriate directions ensuring that the
Applicant is not prejudiced or denied fair consideration due
to administrative omission, lack of coordination or delayed
disclosure of material information.
8.6. Consequential Relief
In the event the Applicant is found eligible and meritorious
upon reconsideration , direct the Respondents to:
8.6.1. Grant appointment to the Applicant to the post of
Junior Accountant under Post Code NE11425 , under the Ex-
Servicemen category; and
8.6.2. Extend all consequential benefits including seniority
and other service benefits , in accordance with law.

2. The present Original Application has been filed by the
Applicant challenging the arbitrary and unlawful action of
Respondent No. 1 i.e., Staff Selection Commission and
Respondent No. 2 i.e., SSC North Eastern Region in failing to
implement the mandatory 10% horizontal reservation for Ex-
Servicemen in respect of Post Code NE11425 (Junior
Accountant) under the Selection Phase Xiii (Graduate Level)
Examination, 2025, notified on 02.06.2025, and consequently
denying the Applicant, an eligible Ex-Serviceman, the
opportunity to participate in the subsequent stages of the
recruitment process. As per the applicant, Respondent No.1
conducted the said recruitment examination based on
OA No. 40/117/2026
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KUMAR

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vacancies requisitioned by user departments through its
Regional Office, Respondent No. 2. The user department for the
said post is Respondent No. 3 i.e., Brahmaputra Board,
functioning under the administrative control of Respondent
No.4 – Ministry of Jal Shakti. The Applicant served in the
Indian Navy for approximately fifteen years (29.01.2009 to
31.01.2024) and is an eligible Ex-Serviceman entitled to the
benefit of 10% horizontal reservation in Group ‘C’ posts in
terms of the Office Memorandum dated 04.10.2012 issued by
the Department of Personnel & Training mandating 10%
horizontal reservation for Ex-Servicemen in Group ‘C’ posts
under the Government of India. That the Applicant appeared in
the said examination conducted by Respondent No.1 and
secured more than the prescribed qualifying marks. He was
shortlisted for multiple Graduate-level post codes arising out of
the same examination. However, since no vacancy was
earmarked for the Ex-Servicemen category under Post Code
NE11425 in the vacancy position considered by Respondent
No.1, the Applicant’s candidature was not shortlisted in the
written examination result for the next stage of the recruitment
process, namely document scrutiny/document verification.
Consequently, the said post code was not reflected in the
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KUMAR

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Applicant’s candidate dashboard, thereby preventing him from
uploading the required educational and experience documents
for the said post. The Applicant submits that the recruitment
process relating to the said post has been conducted without
proper implementation of the mandatory horizontal reservation
for Ex-Servicemen, which is binding on all Government
departments. During the application period itself, the Applicant
raised the issue of non-implementation of Ex-Servicemen
reservation by filing an RTl application dated 20.06.2025
addressed to Respondent No.3 – Brahmaputra Board. In reply
to the said RTI, Respondent No.3 informed the Applicant that
the vacancies initially forwarded for recruitment were tentative
in nature and that the final vacancy position incorporating
reservation norms would be updated. The Applicant also
pursued the matter through CPGRAMS grievances dated
29.07.2025, whereupon responses issued by Respondent No.3
reiterated that a revised vacancy position incorporating
reservation norms had been processed and forwarded to
Respondent No.1 – Staff Selection Commission prior to
computer based examination date and its subsequent
declaration of the result. Further, as per the applicant,
subsequent information obtained under the Right to
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SOURABH KUMAR
KUMAR

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Information Act revealed that Respondent No.3– Brahmaputra
Board issued a communication dated 25.07.2025 forwarding a
revised requisition for recruitment of 14 posts of Junior
Accountant, incorporating one vacancy reserved for Ex-
Servicemen. The aforesaid revised requisition was issued
several months before the written examination and long before
declaration of the result dated 05.02.2026. Pursuant to
declaration of the result, Respondent No.1 opened the
document upload window from 11.02.2026 to 03.03.2026 for
shortlisted candidates. However, since the mandatory Ex-
Servicemen reservation was not incorporated for Post Code
NE11425, the Applicant's candidature was not considered
under the said post and the post code was not displayed in the
Applicant’s dashboard. During the said interaction, the
concerned officer verbally acknowledged that there had been a
lapse on the part of the department in not incorporating the
Ex-Servicemen vacancy in the requisition initially forwarded for
recruitment. The officer further informed the Applicant that the
issue had been taken up with officials of Respondent No.4 —
Ministry of Jal Shakti for necessary updation of the vacancy
position and that the relevant documentary proof of such
communication would be furnished through replies to the
OA No. 40/117/2026
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SOURABH KUMAR
KUMAR

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Applicants’ RTI applications and CPGRAMS grievances. The
Applicant states that the discrepancy in the vacancy position
had already been brought to the notice of the Respondents
during the application stage itself, several months before the
written examination and declaration of the result. The
Respondents therefore had ample opportunity to rectify the
vacancy position or issue a corrigendum, but failed to do so. As
per the applicant, the Applicant cannot be made to suffer on
account of administrative lapse or inaction on the part of the
Respondents. It is a well-settled principle of law that a
candidate cannot be deprived of his legitimate right due to
errors or omissions attributable to the authorities conducting
the recruitment process. The mere possibility that additional
candidates might have applied, cannot be a lawful ground to
deny implementation of a statutory reservation policy,
particularly when the omission of the Ex-Servicemen vacancy
had already been acknowledged by Respondent No.3 –
Brahmaputra Board and a revised requisition had been
forwarded to Respondent No.1 – Staff Selection Commission
through Respondent No.4 — Ministry of Jal Shakti prior to
declaration of the examination result. The actions of the
Respondents are therefore arbitrary, unreasonable and
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KUMAR

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contrary to the binding reservation policy of the Government of
India, thereby violating Articles 14 and 16 of the Constitution
of India.

3. Learned counsel for the respondents has reiterated the
averments made in written statement and submitted that the
O.A. is filed by the Applicant challenging the vacancies
advertised under Selection Post Phase XIII/2025 Examination
for the post of Junior Accountant, Post Code NE11425, in
Brahmaputra Board, Ministry of Jal Shakti on the grounds that
the respondents have failed to implement the mandatory 10%
horizontal reservation in Group-C posts for Ex-Serviceman in
terms of OM dated 04.10.2012 issued by DoPT. Staff Selection
Commission vide Phase XIII/2025/Selection Posts
Examination Notification dated 02.06.2025 invited
applications from the eligible candidates for filling up of
different posts under Government of India including 14
vacancies for the post of Junior Accountant having Post Code
NE11425, under Respondent No. 3 i.e. Brahmaputra Board. It
is relevant to mention herein that the procedure for collection
of the vacancies from the User Department has been followed
by the Staff Selection Commission as per established practice.
OA No. 40/117/2026
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SOURABH KUMAR
KUMAR

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In the instant case, Respondent No. 01 vide its letter dated
10.09.2024 forwarded the requisition for vacancies (7-UR, 2-
OBC, 1-ST & 1-EWS) for the post of Junior Accountant, Post
Code NE11425 under Respondent No. 3 submitted by Ministry
of Jal Shakti vide its letter dated 05.09.2024 to SSC (NER) i.e.
Respondent No. 02 being the Regional Office for North-Eastern
Region. It is pertinent to mention here that the submitted
requisition had "NIL" vacancies reserved for the category Ex-
Serviceman, herein mentioned as ESM. Subsequently, vide
letter dated 03.04.2025, the Respondent No. 03 submitted a
revised indent for recruitment against the said post thereby
including 03 additional vacancies to the existing 11 vacancies
amounting to total 14 Nos. of vacancies (8-UR, 3- OBC, 1-SC,
1-ST & 1-EWS) with "NIL" reservation for the category ESM.
Consequently, the revised vacancies were incorporated in the
then active vacancy reporting portal for Selection Post Phase
XIII/2025 Examination on 05.04.2025 in the (Graduate Level)
- Post Code NE11425. Subsequently, the reported vacancies
were included in the above mentioned Notification published
on 02.06.2025. The closing date for online application for the
candidates was fixed on 23.06.2025. The Commission
conducted the Computer Based Examination (CBE) for Phase-
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KUMAR

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XIII/2025/Selection Posts Examination from 24.07.25 to
02.08.2025 & 29.08.2025 (Re-exam). Brahmaputra Board vide
its letter dated 25.07.2025 addressed to M/o Jal Shakti with a
copy endorsed to Respondent No. 2 once again revised their
vacancies indicating 01 (one) post of Junior Accountant to be
reserved for ESM in terms of DoPT norms dated 25.02.2014
which was received in this office only on 24.12.2025 through
email and was 4 months after the conduct of Computer Based
Examination.
Counsel further states that, even assuming without admitting,
had the above letter dated 25.07.2025 for revised vacancies of
inclusion of 01 ESM in the 'Nil' reported vacancies for ESM,
received on the date of its issue, then also the request for
inclusion of new category of vacancy could not have been
considered for the following reasons:
i. Vacancy reported by the User Departments were
uploaded on a designated Vacancy Reporting Portal of the
Commission and the last date for editing such entry was
31.05.2025.
ii. The Commission incorporated all the reported
vacancies on the Vacancy Reporting Portal in the
examination Notification published on 02.06.2025 and
invited eligible candidates to fill application form to specific
Post Code separately, herein the post of Junior Accountant
(Post Code NE11425). The last date & time for receipt of
online applications was fixed on 23.06.2025 (up to 2300
hrs).
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KUMAR

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iii. As such, request for such revision in the form of
introduction of New Category of reservation by
Brahmaputra Board vide its letter dated 25.07.2025,
subsequent to the closure of Notification cannot be taken
into account as it may deprive a major section of
candidates those who had not applied for the said post due
to non-availability of any vacancy for ESM in the said post
as this may result in violation of Article 14 & 16 of the
Constitution of India, 1950.

Counsel further states that after receipt of the letter dated
25.07.2025 in the Regional Office via email on 24.12.2025, the
matter was discussed with the Commission HQ and after due
deliberations, the Competent Authority apprised that no
change are feasible at the present stage. Accordingly, the
position was conveyed to the applicant by the Commission HQ
by replying to his grievance raised in CPGRAM on 22.01.2026.
It is a well-settled principle of Service Jurisprudence that the
'Rule of Game' cannot be changed after the recruitment process
has commenced. Once vacancies are advertised category-wise,
candidates acquire a legitimate expectation that the
recruitment will proceed on the notified terms. Accordingly, no
illegality, arbitrariness or procedural irregularity can be
attributed to Respondent Nos. 1 and 2, and the present
Original Application deserves to be dismissed insofar as these
Respondents are concerned.
OA No. 40/117/2026
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SOURABH KUMAR
KUMAR

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7. Learned counsel for the applicant has contended that
the mandatory 10% horizontal reservation for Ex Servicemen
(ESM) has neither been denied nor disputed by either of the
recruiting agencies(SSC) or the User Department(Brahmaputra
Board). That the User Department has explicitly admitted the
reservation and issued a revised vacancy position to give it
effect. Furthermore, the Applicant's status as an ESM
candidate was accepted by the SSC portal from Day 1 during
the online application process (Annexure-A3 of OA). It is
submitted that the challenge is specifically directed against the
arbitrary, illegal, and unconstitutional failure of the
Respondent’s Staff Selection Commission (SSC) to give
practical effect to the statutory horizontal reservation
mandated for Ex-Servicemen (ESM). The Brahmaputra Board,
being a statutory body, functioning under the Ministry of Jal
Shakti, is legally bound to enforce the Department of Personnel
and Training (DoPT) Office Memorandum dated 04.10.2012.
The initial omission of ESM slots in Annexure-C of the Reply
(Letter dated 03.04.2025 showing a "NIL" ESM reservation
represents a rectifiable clerical omission by the User
Department, which was later corrected legally via
the Brahmaputra Board letter dated 25.07.2025. Technical
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KUMAR

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freezes on a software portal cannot strip away an applicant's
statutory right to be processed under a
designated reservation quota. The absolute rigidity claimed by
the SSC Regional Office is completely disapproved by the
language of the Master Recruitment Notice (Annexure A1 of the
O.A.) as well as the dynamic administrative execution of
Selection Post Phase XI/2025. The publication text itself
declares vacancies to be purely tentative and reserves the
absolute right to alter, withdraw, or recast rosters at any stage
of the recruitment process.
Counsel further states that the open admissions on the
face of Phase XIlI/2025 corrigenda confirm that the Staff
Selection Commission possesses zero independent roster
jurisdiction and acts purely as an executing agency for the
indents submitted by the respective Ministries/Departments.
This institutional character is perfectly aligned with the apex
policy admission made by the Under Secretary (C-4 Branch),
Staff Selection Commission-HQ, which explicitly states that the
Commission has no independent role to alter or maintain the
roster of vacancies. That the Applicant formally challenged the
omission of the mandatory ESM quota under DoPT rules via
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statutory RTI application on 20.06.2025, filed as Annexure -A4
of the O.A. This was three days prior to the closing date of
online applications (23.06.2025) and eight days before the
official 'Window for Application Form Correction' (28.06.2025
to 30.06.2025) as set out in Annexure A/22 of the O.A. The
Ministry of Jal Shakti, the Brahmaputra Board, and the SSC
were placed on formal notice regarding this statutory error
while the operational window for adjustments was fully active.
That this unbroken timeline confirms that the legal correction
of the vacancy structure occurred during the active
recruitment and examination window (July-August 2025). Any
subsequent delay by the SSC regional office in retrieving or
processing its electronic mail until 24.12.2025 constitutes
internal Bureaucratic Laches (Administrative delay). It is a
settled principle of law that a candidate cannot be penalized or
deprived of employment due to transmission delays or
communication gaps between departments of the state. The
Applicant declared his ex-servicemen status and was legally
accepted by the SSC portal as an ESM candidate from Day 1,
as evidenced by his verified application profile and his valid Ex
Serviceman Certificate. His status was verified and locked
within the database during the live application window. In
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KUMAR

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strict accordance with Para 19.7 and Para
19.8 of the Master Recruitment Notification (Annexure A1 of
the O.A.), the minimum qualifying threshold for Ex-Servicemen
(ESM) applicants is explicitly fixed at 20% of the total 200
marks, which computes mathematically to exactly 40 marks.
This baseline threshold is re-confirmed under Para 4(ii) and
Para 5(c) of the official Written Examination Result Notification
(Annexure A/11 of the O.A.), which mandates 40 marks as the
absolute passing standard for the ESM
category. The Applicant has secured marks well above this
qualifying threshold, thereby establishing his unassailable
legal eligibility and qualified status under the statutory rules.
Since the Brahmaputra Board formally executed and
transmitted the revised Proforma preserving 01 ESM horizontal
slot (Annexure A15-Pages 3-4 filed herewith), and since the
SSC possesses zero independent jurisdiction to alter or
override that roster allocation, the regional office's refusal to
process the seat constitutes a flagrant abuse of power and a
direct violation of the principles of natural justice.

Counsel further states that selectively denying this
processing mechanism to an Ex-Serviceman candidate
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constitutes arbitrary discrimination and a hostile exception to
established institutional practice, in direct violation of Article
14. That the interim order passed by this Hon'ble Tribunal on
20.04.2026 protecting the seat is perfectly sound, just, and
must be made absolute to prevent the irreversible loss of a
statutory post.

9. Heard the parties and perused the materials on record.

10. It is an admitted fact that the Respondent No. 01 vide
its Letter dated 10.09.2024 forwarded the requisition for 11
vacancies (7-UR, 2-OBC, 1-ST & 1-EWS) for the post of Junior
Accountant having Post Code NE 11425. The submitted
requisition had “NIL” vacancies reserved for the category Ex-
Serviceman. Subsequently, vide Letter dated 03.04.2025, the
Respondent No. 03 submitted a revised indent for recruitment
against the said post thereby including 03 additional vacancies
to the existing 11 vacancies totalling to 14 Nos. of vacancies (8-
UR, 3-OBC, 1-SC, 1-ST & 1-EWS) with “NIL” reservation for the
category – ESM, which were incorporated in the then active
vacancy reporting portal for Selection Post Phase XIII/2025
Examination on 05.04.2025 in the (Graduate Level) having Post
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SOURABH KUMAR
KUMAR

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Code NE 11425. The said reported vacancies were included in
the above mentioned Notification published on 02.06.2025.
The closing date for online application for the candidates was
fixed on 23.06.2025. However, despite the fact that no vacancy
was shown for ex-serviceman, applicant had applied under the
said category. After passing the examination, he was not
shortlisted for further processes in view of the fact that no
vacancy was available under ESM category. Thereafter, he
came to know that as per the Communication dated
25.07.2025, 01 vacancy was reserved for ESM category.

11. The applicant’s contention cannot be denied that the
Board had forgotten to give the horizontal reservation for the
ex-serviceman as mandated by the Government of India’s OM
dated 04.10.2012 issued by the DoP&T which mandates 10%
horizontal reservation for Ex-Servicemen in Group ‘C’. But it
is an undeniable fact that the petitioner has approached this
Tribunal after conclusion of the almost entire selection process,
wherein thousand of candidates appeared in the selection
process. Therefore, interfering with such selection process after
a belated stage would cause prejudice to all the selected
candidates who have faced the competition. We are of the
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KUMAR

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considered opinion that Court cannot interfere at this belated
stage if any mistake has been committed by the Brahmaputra
Board. Respondent Nos. 1 and 2 have acted strictly in
accordance with the vacancies reported by the User
Department and in conformity with the recruitment
Notification already published. Any subsequent request for
introduction of a new reservation category after closure of
applications and commencement of the examination process
would not be entertained.

12. In view of the foregoing discussions, we find no merit
in the instant OA. Accordingly, instant OA is dismissed being
devoid of merit. However, liberty is given to the petitioner to file
a Civil Suit for damages against the Brahmaputra Board in the
Competent Court of Law.
13. Interim order, if any, stands vacated.
14. Pending M.A.(s), if any, stand disposed of. No costs.


(MALLIKA ARYA) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
/SK/
OA No. 40/117/2026
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR