STATE OF ORISSA Vs. MOHAMMAD YUNUS

JUDGEMENT

(1.) We have heard the counsel on either side. Leave granted.

(2.) This appeal arises against the order of the tribunal made in O. A. No. 1005 of 1989 dated 22/03/1993. The respondent is an ex-serviceman. He applied for recruitment to orissa Administrative Service, Class II. Pending proceedings a direction was given to keep one post vacant for consideration of the appellant in the event of his succeeding in the original application. The tribunal allowed the petition and directed to appoint him in that post. The State is aggrieved against this order. Thus, this appeal by special leave.

(3.) The only question that arises for consideration in this appeal is whether the respondent could be treated on a par with members of the Scheduled Castes and Scheduled Tribes for lowering the standard for selection by the public service commission. The tribunal following the judgment of the full bench of Punjab and Haryana High court in the case of Jagdish Rai v. State of Haryana directed that the respondent is entitled to the same benefits. We are unable to agree with the tribunal and the ratio in the full bench judgment. The members of the SCs and STs have been given benefit by operation of Article 16 (4 of the Constitution. Any concession or relaxation in their favour is in compliance of the constitutional mandate to provide adequate representation of them in any service or posts under the State. Any other category other than SCs and STs cannot be put on a par with them in the matters of relaxation of the conditions for recruitment or other conditions. It is stated by Mr Mehta, learned counsel for the State that the Commission has put a minimum of 780 marks as qualifying marks for the general candidates. The respondent admittedly belongs to the general category. Though three posts have been reserved for ex-servicemen, if a candidate who belongs to ex-servicemen gets eligibility by securing 780 minimum marks, irrespective of the fact whether he/they comes by general selection or not, by virtue of reservation made to the ex-servicemen, he/theybecome eligible for consideration. This relaxation has been made in contradistinction with other general candidates but for which the respondent would be ineligible. The fixation of the general standard marks prescribed for the general candidates would undoubtedly be a handicap to the ex-service personnel who are made to compete with youngsters after several years of service put in the defence service. The State government and the public service commission are directed to consider the desirability to fix a lesser standard than that of the general candidates as ex-servicemen have served the nation in its defence and in the process they may not come on a par with the general candidates. Therefore, some relaxation in their behalf would be necessary to meet the exigencies of coping up with the reservation given to them. Otherwise, reservation would be illusory. The State government in consultation with the public service commission would decide this issue within a period of three months from the date of the receipt of this order and thereafter consider the case of the respondent accordingly.