Eligibility for Ex-Servicemen reservation requires completion of engagement within the strictly stipulated timeline prescribed in the advertisement.

The applicant, a former Airman in the Indian Air Force (IAF), applied for the post of Upper Division Clerk (UDC) under the Ex-Servicemen (UR) category following an advertisement dated 04.12.2015.

The closing date for applications was 06.01.2016.

Per the advertisement and DoP&T guidelines, Ex-Servicemen candidates were required to complete their term of engagement within one year from the closing date, i.e., by 06.01.2017.

The applicant cleared the written test and skill test with high merit.

However, his result was withheld and subsequently cancelled on 30.01.2018 because his 20-year engagement with the IAF concluded on 08.05.2017, and he was discharged on 31.05.2017—both dates falling beyond the stipulated cut-off of 06.01.2017.

The applicant challenged this cancellation, citing his "unwillingness for extension" certificate from 2015 and a No Objection Certificate (NOC).

1. Whether the applicant fulfilled the eligibility criteria for the Ex-Servicemen category by completing his prescribed term of engagement within the stipulated one-year period from the closing date of the application.

2. Whether the cut-off period for eligibility should be reckoned from the date of declaration of results rather than the closing date of applications.

The court primarily applied the eligibility conditions stipulated in the recruitment advertisement dated 04.12.2015 (Clauses K(g) and K(h)).

It further relied on DoP&T Office Memorandum dated 25.02.2014 and OM dated 03.04.1991, which mandate that a candidate working in the Armed Forces must complete the prescribed period of service within one year from the closing date of receipt of applications to qualify for civil posts under the Ex-Servicemen reservation.

The court also addressed the principle of non-retroactivity regarding the DoP&T OM dated 27.02.2023, noting it cannot alter criteria for a past selection process.

The Tribunal reasoned that the eligibility criteria were "explicit, unambiguous, and binding".

Although the applicant argued that his 2015 "unwillingness for extension" certificate gave him Ex-Serviceman status, the Tribunal held that such status is only acquired upon actual completion of the prescribed term of engagement.

Factually, the applicant’s service ended on 08.05.2017, nearly four months after the cut-off date of 06.01.2017.

The Tribunal rejected the applicant's reliance on a 2023 OM and a 2026 Delhi High Court judgment, stating these could not retrospectively modify the specific terms of the 2015 advertisement.

Finally, the Tribunal emphasized that while the applicant was meritorious, "merit cannot override the essential eligibility conditions," as eligibility goes to the root of the recruitment process.

The actions of the respondents in withholding and cancelling the candidature were found to be legally sound and non-arbitrary. The Original Application was dismissed, and no relief was granted.