Punjab and Haryana High Court Rules in Favor of Military Nurse’s Ex-Servicemen Status for Civil Services Exam. The Court was dealing with a case concerning the entitlement of a former officer of the Indian Military Nursing Services to claim the status of “ex-servicemen” for reservation benefits in a recruitment drive.
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Chandigarh: The Punjab and Haryana High Court has set a precedent that underscores the rights of military nurses seeking to transition into civil services. The bench, led by Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary, delivered a judgment that could pave the way for similar cases in the future, involving military personnel aspiring for a second career in civil administration.
The case centered around Captain Gurpreet Kaur, who served as a nursing officer in the military from 2013 to 2018. Following her honorable discharge and receipt of gratuity, Captain Kaur sought to extend her service to the public sector by applying for the Punjab State Civil Services Combined Competitive Exam in 2020. She applied under the ‘ex-servicemen’ category, only to face rejection on the grounds that she did not qualify as an “ex-serviceman” according to the criteria set forth.
This rejection led Captain Kaur to challenge the decision in the High Court, seeking justice and clarification on her eligibility. Her plea, initially dismissed by a single-judge bench in 2022, found its way to a division bench, where it was meticulously reviewed and led to a groundbreaking verdict.
The crux of the legal debate hinged on the interpretation of Clause 2(c)(iv) of the 1982 Rules, which pertains to the definition and eligibility criteria of ex-servicemen for the purpose of civil employment under the Punjab government. The State’s argument that it had the sole discretion to determine eligibility conditions for reservations was robustly contested in court.
In their judgment, the bench clarified,
“The eligibility conditions and the benefits to be granted regarding reservations etc. is the prerogative of the employer, which in the present case is not the Central Government but the Government of Punjab, which has notified its own 1982 Rules framed in exercise of powers conferred under proviso to Article 309 read with Articles 234 and 318 of the Constitution of India.”
This clarification not only vindicated Captain Kaur’s stance but also illuminated the pathway for the interpretation of the rules governing ex-servicemen’s eligibility for civil services. The court’s decision to allow the appeal and its directive for the prompt appointment of Captain Kaur, should her candidature be deemed meritorious, marks a significant victory for military personnel seeking to serve in civilian capacities post their military tenure.
This ruling by the Punjab and Haryana High Court serves as a beacon of hope for many in uniform who aspire to continue their service to the nation beyond the battlefield. It reinforces the principle that the transition from military to civil service is not only a matter of policy but also a recognition of the invaluable skills and experiences that ex-military personnel bring to the public sector.
As this decision reverberates through the corridors of power and service, it is a testament to the evolving understanding and appreciation of the contributions of military personnel to national development, beyond their call of duty.
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