GYANANDRA CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The prayers in the instant Writ Petition inter alia are as follows;

(2.) Learned Counsel for the Petitioner submits that consequent upon the advertisement bearing No.14/SPSC/EXAM/ 2025, dtd. 20/5/2025, issued by the Sikkim Public Service Commission (SPSC), Respondent No.2, inviting applications from eligible local candidates for filling up of thirty-nine (39) posts of Sub-Inspector, the Petitioner applied thereto, in the reserved category for "Ex-Servicemen (ESM) Other Backward Classes (OBC) State List (SL)". The Preliminary Examination was conducted on 21/9/2025 in which the Petitioner was permitted to take the examination. It is clarified by Learned Counsel for the Petitioner that vide a Notice dtd. 20/9/2025 the Petitioner was to submit his documents, viz., Discharge Book, Ex-Servicemen (ESM) ID Card. The requirement of these documents was made known to the candidate only on 20/9/2025, i.e., one day before the Petitioner was permitted to and appeared for the Preliminary Examination on 21/9/2025, after scrutiny of the documents. On 24/9/2025 the Petitioner appeared before the Respondent No.2 for scrutiny of his documents in terms of the Notice dated 20-09- 2025. On 26/9/2025, the results of the Preliminary Examination was declared by the Respondent No.2, wherein the Petitioner qualified. The requisite Physical Endurance Test (PET) was held on 14/10/2025 in which the Petitioner was again successful as evident from the result published on 17/10/2025. On 8/11/2025 and 09- 11-2025 the Petitioner took the final examination for the advertised post. On 26/11/2025, the final examination results were declared. The Petitioner had successfully cleared the examination and his name appeared in the Merit List. After such declaration, the Respondent No.2 required the Petitioner to appear for scrutinising the documents in terms of the Employment Advertisement dtd. 20/5/2025 (supra). On 29/11/2025, the Petitioner was requested verbally by the Respondent No.2 to produce the Discharge Book, Ex-Servicemen (ESM) ID Card. In compliance thereto, the relevant documents were submitted by the Petitioner. On scrutiny, the Respondent No.2 informed him that he was not eligible for the said post in view of the said documents. Aggrieved, the Petitioner on 1/12/2025 submitted a representation to the SPSC Chairman stating that the Discharge Book and Ex-Servicemen (ESM) ID Card would be issued only after retirement but that he had been issued a "No Objection Certificate" (NOC) from the Indian Navy enabling him to take the examination, which had been accepted and considered by the Respondent No.2. The Petitioner requested that he be allowed to produce the same after his date of retirement, i.e., 31/1/2026. It is the specific submission of the Learned Counsel for the Petitioner that vide the Notice, Reference No.82/EXAM/SPSC/2025, dtd. 26/11/2025, the Petitioner was declared qualified in order of merit and his name appeared in the list of qualified candidates at Sl. No.37 against Roll No.259. After the Petitioner was permitted to appear for three stages of examinations, the Respondent No.2 cannot after scrutinising the documents which were also sought for rather belatedly, declare the Petitioner to be ineligible for the advertised post. Hence, the prayers in the Writ Petition.

(3.) Per contra, it was submitted by Learned Counsel appearing for the Respondent No.2 that the Petitioner was not in the first instance eligible to apply for the said post in view of the fact that he was not an Ex-Servicemen (ESM). The NOC submitted by the Petitioner clearly specifies that he is eligible to take up civil employment after 31/1/2026 which is the date on which he is due to be released from the Indian Navy. That, the Certificate also reflects that the Office had no objection to the registration of the sailor's name with the Employment Exchange but does not reflect any permission for him to apply for any civil employment at that stage.