Consider allowing defence personnel to compete for civil posts while still in service: Delhi HC

The court suggested a change in the rules to enable personnel, who are still in service and are entitled to continuation or extensions, to apply for civil posts on submission of NOC from the services.

Delhi High Court

THE DELHI High Court has directed the Union Public Service Commission (UPSC) to consider allowing defence personnel to participate in the recruitment process for central civil services and posts while they are still in military service.

The division bench of Justices Rajiv Sahai Endlaw and Asha Menon said the existing requirement of them having been already retired or discharged from the service does injustice to those still in service, with their defence services willing to let them secure appointment to civil posts. The court suggested a change in the rules to enable personnel, who are still in service and are entitled to continuation or extensions, to apply for civil posts on submission of NOC from the services.

“The requirement, of having already been discharged, may result in servicemen, on the one hand leaving the defence service in which they are already employed and have a reasonable chance of remaining employed in future, having to, before participating in the recruitment process, leave their service and end up with having lost the job in hand and on the other hand having not been able to secure the job applied for,” the court said.

“We … direct the UPSC to, within two months of today, commence action for considering the aforesaid change and take a reasoned decision,” the court said, while dismissing a case filed by a former Army Sepoy, who had challenged the cancellation of his candidature in the recruitment held pursuant to the April 25, 2018 advertisment for the post of Assistant Commandant in the BSF under the ex-serviceman quota.

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