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Irwan Kour v. Punjab Public Service Commission

Civil Appeal · 2025 INSC 494Decided 16 Apr 2025
C.A. No.-005235-005235 - 2025 (arising out of SLP(C) No. 8842/2024)
Justice Pamidighantam Sri Narasimha · Justice Manoj Misra

Background

The Punjab Public Service Commission advertised posts with reservations for "ex-servicemen." The appellant, a former Army Captain, was appointed under this category. A rival candidate (respondent no.4), who had served and was released from the Indian Military Nursing Service (IMNS), was initially rejected as not qualifying as an "ex-serviceman," but the Punjab & Haryana High Court's Division Bench ruled in her favour and directed she be appointed if found meritorious.

Decision Breakdown

The Supreme Court held that the IMNS, constituted under the Military Nursing Service Ordinance, 1943, is legally part of the armed forces of the Union, and its personnel who complete their service and receive gratuity squarely satisfy the definition of "ex-serviceman" under Rule 2(c) of the Punjab Recruitment of Ex-Servicemen Rules, 1982. The Court rejected the State's reliance on Kendriya Sainik Board clarifications excluding IMNS, holding that such administrative clarifications for welfare schemes cannot override the State's own statutory recruitment rules framed under Article 309 of the Constitution. It upheld the High Court's ruling in respondent no.4's favour but, considering the appellant had already served in the post for years without any fault of her own, protected her appointment too, directing that respondent no.4 be considered for appointment with notional (not back-dated) benefits, without disturbing the appellant's continued service.

Lesson Learnt

Eligibility for a state's reservation categories is governed by that state's own statutory definitions, not by clarifications from unrelated welfare bodies; service in the Indian Military Nursing Service counts as service in the armed forces for "ex-serviceman" reservation purposes.

Official source (sci.gov.in)View Judgment (PDF)

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