Recruitment: Rules cannot change after process commenced; Ex-servicemen reservation is overall horizontal.

The applicant, Ajay Kumar Roy, an Ex-Serviceman whose discharge date was 30.09.2013, applied for the Combined Graduate Level Examination, 2013 (CGLE-2013) for various posts, including Auditor in the office of CGDA.

The Recruitment Advertisement for CGLE-2013 (Annexure A-2), issued on 19.01.2013, specified that Ex-servicemen who had already secured civil employment on a regular basis after availing benefits of reservation were not eligible for reservation benefits (Note-I) and that Ex-serviceman status must have been acquired or demonstrable intent to acquire by the closing date of 15.02.2013 (Note-III).

The applicant appeared in the written examination and secured 263.5 marks, while the cut-off for Auditor in CGDA was 284 marks.

The result was declared on 25.03.2015 (Annexure A-1).

The applicant challenged this result, alleging that many selected candidates, including Respondent Nos. 3 to 8, were ineligible under the Ex-Serviceman category, either due to prior government employment or acquiring Ex-Serviceman status after the stipulated date.

He contended that if these ineligible candidates were removed, the cut-off for Auditor in CGDA would drop to 260 marks, making him eligible.

The Respondents attributed discrepancies to the DoP&T's OM dated 14.08.2014 (Annexure A-3).

The applicant argued that this OM, issued after the application deadline of 15.02.2013, was prospective and could not be applied retrospectively to CGLE-2013.

1. Whether the reservation granted to Ex-Servicemen in the CGLE-2013 is horizontal or vertical in nature.

2. If given horizontal reservation, whether it falls under compartmentalised or overall category.

3. Whether the DoP&T's OM dated 14.08.2014 is applicable to the CGLE-2013 recruitment process.

The Tribunal primarily applied the principles of horizontal and vertical reservations as established by the Hon'ble Supreme Court in *Indra Sawhney v. Union of India*, which explained the distinction between vertical reservations (e.g., SC, ST, OBC under Article 16(4)) and horizontal reservations (e.g., physically handicapped, women under Article 16(1) or 15(3)), noting that horizontal reservations cut across vertical ones.

It further relied on *Rajesh Kumar Daria v. Rajasthan PSC*, which clarified the proper application of horizontal reservation by first filling vertical quotas by merit and then adjusting horizontal reservations within those lists.

The judgment in *Jitendra Kumar Singh v. State of U.P.* also affirmed that horizontal reservations for categories like sportspersons should be applied horizontally.

Additionally, *Service Commission v. Mamta Bisht* distinguished that the principle of reserved category candidates competing for non-reserved posts on their own merit (applicable to vertical reservation) does not apply to horizontal reservation.

The Tribunal also referred to *Rekha Sharma v. Rajasthan High Court, Jodhpur and another* for distinguishing between compartmentalised and overall horizontal reservation.

Finally, the principle that recruitment rules cannot be changed after the commencement of the selection process was invoked.

DoP&T OM dated 25.12.2015, which specified that reservation for Ex-servicemen is horizontal in nature, was also considered.

The Tribunal found that reservation for Ex-Servicemen is inherently horizontal and cuts across vertical categories (UR, SC, ST, OBC).

This is consistent with the law in *Rajesh Kumar Daria* (supra) and a DoP&T OM.

Since the recruitment advertisement did not specify compartmentalised reservation and no statutory rules were presented mandating it, the reservation for Ex-Servicemen for CGLE-2013 must be treated as "overall horizontal reservation," as clarified in *Rekha Sharma* (supra).

Crucially, the DoP&T's OM dated 14.08.2014, being issued after the closing date for applications (15.02.2013) and stated to be prospective, could not be applied retrospectively to the CGLE-2013 recruitment process.

The recruitment process was to be governed strictly by the terms and conditions in the original advertisement, particularly Note-I and Note-III, which defined eligibility for Ex-Servicemen.

The SSC, as a recruiting agency, had a responsibility to ensure eligibility, not merely pass discrepancies to user departments.

Therefore, the inclusion of allegedly ineligible candidates (those with prior civil employment after availing Ex-Servicemen benefits or those who obtained Ex-Serviceman status after the cut-off date) constitutes a violation of the advertisement's terms.

It further concluded that the DoP&T's OM dated 14.08.2014 is not applicable to the CGLE-2013 recruitment process as it was issued subsequent to the closing date and is prospective in nature.

The Tribunal set aside the result dated 25.03.2015 to the extent it concerned the preparation of the select list under the Ex-Servicemen category.

The respondents were directed to undertake a comprehensive re-scrutiny of the eligibility of all candidates selected under the Ex-Servicemen category strictly in accordance with the recruitment advertisement and settled legal principles governing horizontal reservation.

Following this, the respondents shall re-draw the select list and re-determine the cut-off marks.

If the applicant is found eligible and falls within the revised zone of selection, he shall be appointed with consequential benefits, including notional fixation of pay from the date the last similarly situated candidate was appointed, and actual monetary benefits from the date of his actual appointment.

This exercise must be completed within four months from the date of receipt of the order.