Case Note & Summary
The Supreme Court heard appeals against two conflicting decisions of the Central Administrative Tribunal concerning the eligibility of ex-servicemen for the post of Inspector of Central Excise, Income-tax, etc. advertised in 1992. The advertisement prescribed a degree of a recognized university as the minimum educational qualification, with a cut-off date of 1.8.1992 for candidates appearing or whose results were withheld. It also stated that ex-servicemen who are not graduates are deemed to be graduates on completion of 15 years of service in the Armed Forces under Rule 6(4) of the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. Douglas Michael applied for the post, passed the written examination and interview, and was selected under the ex-servicemen quota. However, his selection was cancelled by letter dated 28.3.1994 on the ground that he had not completed 15 years of service by 1.8.1992. He challenged the cancellation before the Madras Bench of the Central Administrative Tribunal, which dismissed his application, holding the cut-off date applied. In a parallel matter, selected candidates from Kerala whose selections were also cancelled approached the Ernakulam Bench, which allowed their applications, relying on Note III and Explanation to Rule 6 to hold that an under-graduate ex-serviceman could acquire the deemed qualification within one year from the closing date of application. The Staff Selection Commission appealed against the Ernakulam Bench decision. The core legal issue was the interpretation of the cut-off date in paragraph 10 of the advertisement: whether it applied only to the acquisition of a university degree or also to the deemed graduate qualification of ex-servicemen completed after 15 years of service. The appellant in the first case argued that the cut-off date was limited to degree holders and that Rule 6(4) read with Note III and Explanation allowed acquisition of the deemed qualification within one year. The respondents contended that under-graduate ex-servicemen had to complete 15 years of service by 1.8.1992. The Supreme Court held that on a plain reading of the advertisement, the cut-off date of 1.8.1992 applied only to the degree qualification and not to the deemed qualification of ex-servicemen. Relying on Rekha Chaturvedi v. University of Rajasthan, which held that in the absence of a fixed date, the last date for applications is the relevant date for scrutinising qualifications, the Court concluded that an ex-serviceman must complete 15 years of service by the last date for receipt of applications, i.e., 7.9.1992. It further held that Note III and Explanation to Rule 6 relate to eligibility to apply for re-employment one year before release and have no correlation with the deemed qualification. Consequently, Douglas Michael, who completed 15 years by 31.8.1992, was eligible, and the cancellation of his selection was illegal. In the second case, the candidates had not completed 15 years by 7.9.1992, so their cancellation was valid. The Court accordingly allowed all appeals, setting aside the Madras Bench order and dismissing the Ernakulam Bench applications, with no order as to costs.
Headnote
A) Service Law - Recruitment Eligibility - Deemed Graduate Qualification for Ex-servicemen - Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, Rule 6(4) - The recruitment advertisement for Inspectors of Central Excise and Income Tax fixed 1.8.1992 as the cut-off for candidates holding a degree, but this cut-off was held not to apply to ex-servicemen who are deemed graduates on completion of 15 years of Armed Forces service. The court interpreted paragraph 10 of the advertisement as requiring the degree qualification to be acquired by 1.8.1992 while the deemed graduate qualification could be acquired by the last date for receipt of applications, 7.9.1992, following the principle in Rekha Chaturvedi that in the absence of a fixed date, the last date for applications is the relevant date. Since the appellant in the first case completed 15 years of service by 31.8.1992, he was eligible and the cancellation of his selection was illegal. Held: the Madras Bench order was set aside and O.A. No. 658 of 1994 allowed; the appellant was to be allowed to join the post. B) Service Law - Recruitment Eligibility - Time for Completing Armed Forces Service by Ex-servicemen - Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, Note III and Explanation to Rule 6 - The Ernakulam Bench had held that under Note III and Explanation, ex-servicemen could acquire the deemed graduate qualification within one year from the closing date of application. The Supreme Court rejected this interpretation, stating that Note III and Explanation relate only to eligibility to apply for re-employment one year before release or discharge from the Armed Forces and have no correlation with the deemed qualification of graduation on completion of 15 years of service. Therefore, an ex-serviceman had to complete 15 years of service by 7.9.1992, the last date for submission of application. Candidates in the second case who had not completed 15 years by that date were ineligible. Held: the Ernakulam Bench erred; O.S. Nos. 542/94 and 622/94 were dismissed.
Issue of Consideration
Whether the cut-off date of 1.8.92 in paragraph 10 of the recruitment advertisement applied to the deemed graduate qualification of ex-servicemen on completion of 15 years of service in the Armed Forces, or only to acquisition of a degree from a recognized University; whether Note III and Explanation to Rule 6 of the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules 1979 permitted ex-servicemen to acquire the deemed graduate qualification within one year from the closing date of application
Final Decision
All appeals allowed. First appeal: order of Central Administrative Tribunal, Madras Bench set aside; Original Application No. 658 of 1994 allowed; appellant Douglas Michael allowed to join the post for which letter of appointment had been issued. Second appeals: orders of Central Administrative Tribunal, Ernakulam Bench set aside; O.S. Nos. 542/94 and 622/94 dismissed. No order as to costs.
Law Points
- Cut-off date 1.8.92 in recruitment advertisement applies only to degree qualification
- not to deemed graduate status for ex-servicemen
- completion of 15 years Armed Forces service must be by last date for receipt of application (7.9.92)
- Note III and Explanation to Rule 6 of Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules 1979 do not permit acquisition of deemed qualification within one year from closing date
