New Delhi: The Delhi High Court has ruled that ex-servicemen using age relaxation in recruitment cannot claim unreserved seats on merit, even when they score higher than general–category candidates. This judgment clarifies how age relaxation and horizontal reservation for ex-servicemen should operate in central recruitment processes. The decision impacts recruitment policies and sets a clear legal precedent for how eligibility criteria are applied in competitive hiring.
Background of the Ex-Servicemen Age Relaxation for Unreserved Seats Rule
Several former servicemen challenged their exclusion from the document verification list in a recruitment drive by the Airports Authority of India (AAI) for non-executive posts in the Northern Region. Though some petitioners achieved scores higher than those shortlisted in the unreserved pool, they had crossed the upper age limit prescribed for general candidates and entered the process using age relaxation reserved for ex-servicemen.
The petitioners argued that their higher marks should have entitled them to “migrate” into the unreserved category. They claimed this would uphold meritocracy and fairness in selection.
Legal Questions Before the Court
The High Court focused on three main questions:
- Can an ex-serviceman claim unreserved category consideration after using age relaxation?
- Does horizontal reservation override any rule preventing such migration?
- Is the AAI’s category-wise shortlisting for document verification arbitrary or unfair?
Ex-Servicemen Age Relaxation for Unreserved Seats Rule: What the Court Held
The court held that once a candidate crosses the eligibility threshold only by using age relaxation, that concession places them on a different eligibility plane from general candidates who meet the standard age criteria. Such candidates cannot be considered for unreserved vacancies unless they meet all eligibility conditions, including age, without any relaxation.
The court relied on Department of Personnel and Training (DoPT) guidelines, which explain that age relaxation for ex-servicemen is intended to assist them within their quota but does not erase the difference in eligibility requirements for general seats.
Understanding Horizontal Reservation for Ex-Servicemen
Ex-servicemen reservation is classified as horizontal reservation, meaning it cuts across all vertical categories (like unreserved, SC, ST, OBC). In such systems, horizontal quotas are implemented after candidates are shortlisted on merit in their respective vertical categories.
However, the Court clarified that horizontal reservation does not mean automatic migration to unreserved seats simply because a candidate has higher marks. The key factor is whether the eligibility standards were uniformly met without concessions. Here, the petitioners met the age eligibility only by taking advantage of the age concession for ex-servicemen, and thus could not claim unreserved seats solely on the basis of higher scores.
Category-Wise Shortlisting and Merit Zone
The recruitment process shortlisted candidates for document verification category-wise, using a ratio of 1.5 times the number of vacancies in each category. Since the petitioners participated under the ex-servicemen quota stream, their competitiveness was evaluated within that group, not the unreserved pool. Because they did not fall within the required ex-servicemen merit cut-off, the court found no illegality or arbitrariness in their exclusion.
Policy and Practical Implications
This judgment clarifies how age relaxations should operate:
- Age relaxation does not equal eligibility for general seats if that relaxation was essential to enter the competition.
- The DoPT position that age relaxation confines a candidate’s consideration to their specific horizontal quota stands is confirmed.
- Recruitment bodies must ensure age criteria and other eligibility conditions are uniformly applied to preserve clear category boundaries.
