Candidates cannot switch categories after the application deadline to claim ESM reservation.

The petitioners participated in the selection process for appointment to the post of PGT (Computer Science) pursuant to Advertisement No. 5/2015 dated 5 July 2015.

The closing date for online applications was 21 September 2015.

Although the advertisement included posts reserved for Ex-Servicemen/Dependent of Ex-Servicemen (ESM/DESM) candidates, the petitioners applied under the General Category and participated in the selection process accordingly.

In Priyanka’s case, the eligibility certificate certifying her as a dependent of an Ex-Serviceman was issued on 27 September 2018, substantially after the prescribed closing date.

The State opposed the petitions on the ground that the advertisement required ESM/DESM candidates to possess a valid eligibility certificate on the last date for submission of applications and that the petitioners could not change their category after having applied and participated as General Category candidates.

Whether a candidate who applied and participated in the selection process under the General Category could subsequently claim consideration under the ESM/DESM reserved category on the basis of an eligibility certificate obtained after the application cut-off date?

Whether the petitioners’ higher marks than the last selected DESM-category candidate entitled them to consideration or appointment despite their failure to satisfy the category-specific eligibility requirement by the prescribed date?

The Court applied the conditions of Advertisement No. 5/2015, particularly Note-II and Note-III, which required ESM/DESM candidates claiming reservation to possess a valid eligibility certificate on the last date of submission of the online application and provided that certificates issued thereafter would not be entertained.

The Court further applied the settled principle that eligibility, including qualifications, age and documentary requirements, must ordinarily be assessed with reference to the cut-off date prescribed in the advertisement.

It also held that a candidate who applies and participates under one category cannot subsequently alter that category to claim reservation benefits.

Reliance was placed on J&K Public Service Commission v. Israr Ahmad, (2005) 12 SCC 498, in which the Supreme Court held that a candidate who did not claim reservation at the time of application and participated as a General Category candidate could not subsequently claim reservation upon producing the requisite certificate at a later stage.

The Court found that the petitioners had applied under the General Category and that the relevant closing date was 21 September 2015.

The DESM eligibility certificate relied upon by the petitioner in CWP-25617-2018 was issued only on 27 September 2018, and therefore did not satisfy the advertisement’s express requirement that such certificate be valid on the application cut-off date.

Since the petitioners had also participated in the selection process as General Category candidates, permitting them to change their category later would undermine the binding terms of the advertisement and prejudice candidates who complied with the eligibility requirements within time.

The Court held that the petitioners’ subsequent higher marks could not cure their failure to satisfy the threshold eligibility condition or override the prescribed cut-off date.

It held that the petitioners were not entitled to claim ESM/DESM reservation because they had neither applied under that category nor possessed the requisite eligibility certificate by the prescribed cut-off date.

Their subsequent marks and later-issued certificate could not justify consideration against reserved posts.

Both writ petitions were dismissed for want of merit, and all pending miscellaneous applications were disposed of accordingly.