Case for Grant of Graduation Certificate to Ex Servicemen

In this post we will discuss about a case in which an ex –Serviceman was granted a Graduation Certificate by the Central Government and the main issue was whether the holder of a certificate can be deemed to be a graduate

Case Brief

2020 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

KRISHAN SINGH YADAV Vs. UNION OF INDIA & ORS

CWP No. 13263 of 2016 (O&M)

Date of Decision:18.02.2020

CORAM: HON’BLE MR. JUSTICE SUDHIR MITTAL

Objective Behind the Certificate

The Supreme Court in Sansar Chand Atri versus State of Punjab & Another[1], observed :-

“It is relevant to note here that in the Certificate issued by the ministry of defence the appellant has been described as an ex-serviceman. The provision for reservation in the service rules is meant for the benefit of ex- servicemen. The purpose is to provide them with suitable jobs in civil services so that they may not face difficulty in adjusting themselves in civil society after leaving the defence service. In the context of the scheme of the provision, the provisions in the rule should be interpreted in a purposive and reasonable manner so that the intent and purpose of the provision is served. From the provisions in the rules it appears that a distinction has been made by persons who are released from the army on ground of medical disqualification or on ground of inefficiency or misconduct. Such distinction is reasonable keeping in view the purpose of reservation of posts made under the rules. All the ex-defence service personnel are to be treated as a class separate from other candidates for the purpose of offer of jobs and no differentiation or discrimination can be made amongst them unless such differences are real and substantial.”

This extract by the Supreme Court clearly lays down the objective behind the move of the central government, to provide security to its ex- servicemen employees post retirement. To enhance that particular goal a notification was issued regarding an educational certificate which was the point in dispute in the present case.

Who is an Ex Servicemen?

Rule 2(C)(ii) definition of ‘Ex-servicemen’ was as under:-

“Ex-servicemen’ means a person who has served in any rank, whether as a combatant or a non-combatant in the Naval, Military and Air Force of the Union of India (hereinafter referred to as the armed forces of the Union of India), and who has:-

retired from such service after earning his pension; or
been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

been released, otherwise than on his own request from such service as a result of reduction in establishment, or

been released from such service after completing the specific period of engagement otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity;

But does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and the para military forces, but includes personnel of the Lok Sahayak Sena of the following categories, namely;

pension holders for continuous embodied services;
persons with disability attributable to military service and (iii) gallantry award winners.

Explanation: The persons serving in the armed forces of the union, who on retirement from service would come under the category of ‘ex-servicemen’ may be permitted to apply for re-employment and avail themselves of all concessions available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specific terms of engagement in the armed forces of the union.”[2]

ALSO READ- DUAL PENSION IN ARMY & FROM STATE GOVERNMENT RULE

Facts of The Case

The petitioner applied in the category of ‘Government Personnel’ being an Ex-serviceman, for LPG distributorship at Hansi. He applied along-with the requisite documents before the last date advertised. He also attached a certificate of graduation issued to him by the central government and that would be the subject matter of the present writ.
Subsequently, he was informed that he has been considered eligible to take part in the draw of lots. The petitioner succeeded in the draw of lots and information regarding the same was supplied to him. Thereafter, the candidature of the petitioner was evaluated by the Field Verification Committee (FVC) which found that he did not possess the eligibility criteria of academic qualification. Accordingly, letter was issued to the petitioner informing him that his candidature had been cancelled. Thus, the present writ petition has been filed.
During the pendency of this writ petition, fresh draw of lots was conducted in which respondent No.4 was successful. Consequently, a letter of allotment has been issued in her favour.

Issues

Whether a certificate issued by the central government under Ex-serviceman (Re- employment in Central Civil Services and Posts) Rules, 1979 (hereinafter referred to as ‘1979 Rules’), the holder of a certificate, as possessed by the petitioner, can be deemed to be a graduate? Is the legislature competent to issue the above rules regarding the subject matter or is it an excess of administrative action by the government?

ALSO READ- EX-SERVICEMEN CASE IN PUNJAB HARYANA HIGH COURT CHANDIGARH

Observation By The Court

The petitioner submits that upon having been relieved from the Indian Army, a certificate dated 31.03.1994 was issued to him, titled as ‘Graduation Certificate’.

The court opined while accepting petitioners stand that:

“Reading Clause 6.1 of the guidelines of the year 2013 in the aforementioned context, leaves no manner of doubt that an equivalent qualification recognized by the Ministry of Human Resource Development is the same as a certificate of graduation issued by a University/Educational Institution established by an Act of Parliament/deemed to be an University. Thus, the rejection of the candidature of the petitioner is held to be illegal.”

According to the Ex-serviceman (Re- employment in Central Civil Services and Posts) Rules, 1979 (hereinafter referred to as ‘1979 Rules’), the holder of a certificate, as possessed by the petitioner, is deemed to be a graduate and is entitled to be appointed to Group-C post for which graduation is an essential educational qualification. The Ministry of Human Resources Development of the Government of India has issued a notification dated 31.04.1996 wherein it has been declared that qualifications recognized for the purpose of recruitment to superior posts and services under the Central Government whose equivalence does not exist otherwise, to be recognized qualifications for the purposes of employment under the Central Government for which graduation is a prescribed qualification. Thus the certificate possessed by the petitioner is equivalent to a graduation certificate.

According to the guidelines for selection of regular LPG distributors issued in August, 2013, various selection criteria had been laid down. The relevant Clause is 6.1 of the guidelines of the year 2013 and the same prescribes that:

“A candidate must be a graduate from an university incorporated under an Act of the Central or State Legislature, any other educational institution established by an Act of parliament, an institution deemed as an University under the UGC Act, 1956 or possesses an equivalent qualification recognized by the Ministry of Human Resources Development, Government of India. Reference to notification dated 23.04.1996 issued by the Ministry of Human Resources Development, Government of India makes it more than abundantly clear that the qualification of the petitioner has been recognized by the Ministry of Human Resources Development to be equivalent to graduation degree issued by a University/Educational Institution established by an Act of Parliament/deemed to be an University.”[3]

Thus, rejection of the candidature of the petitioner on account of non-submission of a graduation degree by a University/Educational Institution established by an Act of Parliament/deemed to be an University is illegal and is liable to be quashed.

Learned counsel for the respondents supports the decision dated 31.03.2016. According to him, Clause 6.1 of the guidelines of the year 2013 is mandatory in nature and the respondents are bound by the same.

A perusal of the aforementioned rules shows that a candidate should either possess an educational qualification prescribed therein that has been issued by an University, educational institution established by an Act of Parliament, University/deemed to be an University or should possess an equivalent qualification recognized by the Ministry of Human Resources Development.

Thus, a certificate of the nature possessed by the petitioner has been recognized as equivalent to graduation. Notification dated 23.04.1996 issued by the Ministry of Human Resources Development clarifies that the Government of India recognizes the qualifications already recognized and whose equivalent does not exist otherwise, as a recognized qualification for the purpose of employment under the Central Government for which a bachelor degree is a prescribed qualification.

ALSO READ- MEDICAL FACILITIES FOR SHORT-SERVICE OFFICERS IN ARMY

This post was written by Gurdeep Singh

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