Can boarded-out cadets be given quota as ex-military personnel, asks Supreme Court

The July 2015 report by a committee headed by Lieutenant General (retd) Mukesh Sabharwal had looked into the issue of the disabled candidates and made some recommendations, including treating them as ex-servicemen and providing disability pension to them.

Justice Nagarathna said if the outboarded cadets cannot be treated as ex-servicemen, they can be brought in the category of ex-military personnel and be provided reservation benefits.

The court said that “States and UT’s could also consider granting reservation to outboarded cadets in the quota of ex-military personnel…”.

Justice Nagarathna told the Centre’s counsel, “See the plight of the parents, see the plight of the child. Arm is not there, amputation, wheelchair-bound. Who will look after (them), after the parents go…They were qualified to be in the training. So they are not just an ordinary student…that is why the degree of disappointment is high. We have kept that in mind. That is the only reason why we instituted this – the degree of disappointment… for that person, family, parents, is so high, because the expectation was so high…”

Noting that the provisions of the Rights of Persons With Disabilities Act, 2016, would only apply if there is more than 40% disability, the SC asked the Centre to consider if a scheme can be framed for cadets who are outboarded but would not fall in the 40% category.

On the ex-servicemen tag, Justice Nagarathna told the counsel for cadets, “ Don’t expect that you will be straightaway be called ex servicemen for all purposes. You may be referred to as ex-servicemen loosely but at the same time there must be some distinction (with those who were in service) no?”

The SC had taken suo motu cognizance of the matter following a report in The Indian Express on August 11 last year about how these officer cadets have been battling severe disability with mounting medical bills and little benefits. According to the report, around 500 officer cadets have been medically discharged from top institutes such as the National Defence Academy since 1985 due to varying degrees of disability incurred during training.

This report highlighted that these cadets were not entitled to the status of ex-servicemen (ESM), which would have made them eligible under the Ex-Servicemen Contributory Health Scheme (ECHS) for free treatment at military facilities and empanelled hospitals, since their disabilities happened during training before they were commissioned as officers.

And, unlike soldiers in this category who are entitled to ESM status, all that these officer cadets got is ex gratia payment of up to Rs 40,000 per month depending on the extent of disability — an amount that falls far short of basic needs, they say, with medical expenses alone costing, on an average, nearly Rs 50,000 per month or more.

The court will now hear the matter on September 8.