LAIKHURAM VARATDHAJA MEITEI vs STAFF SELECTION COMMISSION (SSC) on 14 October 2026

ORDER

PER R.S. DOGRA, MEMBER (J):

The instant OA has been filed by the applicant praying for the following relief(s):- 8.1. Declaration of Illegality Declare that the action and inaction of the Respondents namely the Staff Selection Commission, Staff Selection Commission North Eastern Region, Brahmaputra Board and Ministry of Jal Shakti, in: 8.1.1 Failing to implement the mandatory 10% horizontal reservation for Ex-Servicemen in respect of Post Code NE11425 (Junior Accountant, Brahmaputra Board), despite the binding Office Memorandum dated 04.10.2012 issued by the Department of Personnel and Training; 8.1.2 Failing to incorporate the revised vacancy position forwarded by Respondent No.3 including the communication dated 25.07.2025 indicating availability of one Ex-Servicemen vacancy; prior to declaration of the written examination result; 8.1.3. Declaring the result of the Computer Based Examination (written examination) dated 05.02.2026 without reflecting Ex-Servicemen reservation for the said post; 8.1.4. Procedurally excluding the Applicant from further stages of recruitment by not reflecting Post Code NE11425 in the Applicant’s dashboard, thereby denying him the opportunity to upload documents and participate in scrutiny in terms of the procedure notified by the Commission dated 03.03.2026 (Annexure A11 & A24); Be declared as arbitrary, unreasonable, violative of Articles 14 and 16 of the Constitution of India, contrary to binding Government instructions, and liable to be set aside.

8.2. Quashing of Result (Limited Scope) Issue an appropriate order or direction quashing and setting aside the result of the Computer Based Examination (written examination) dated 05.02.2026 (Annexure A11) insofar as it relates to Post Code NE11425, to the limited extent that:

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8.2.1 It does not reflect mandatory Ex-Servicemen reservation as required under applicable Government policy; and/or 8.2.2 It was declared without incorporating the revised vacancy position allegedly forwarded by Respondent No.3 prior to declaration of the result.

8.3. Direction for Implementation of Reservation and Reconciliation of Vacancy Position Issue appropriate directions to the Respondents to:

8.3.1. Implement the mandatory 10% horizontal reservation for Ex-Servicemen strictly in accordance with the Office Memorandum dated 04.10.2012 issued by the Department of Personnel and Training and other binding Government instructions; 8.3.2 Verify, reconcile and incorporate the vacancy communication issued by Respondent No.3, including the revised vacancy position forwarded prior to declaration of the written examination result; 8.3.3 Rectify the vacancy matrix and recast/revise the selection matrix accordingly for Post Code NE11425.

8.4. Direction to Permit Participation in Recruitment Process Issue appropriate directions to Respondent No.1 and Respondent No.2 to: 8.4.1 Make Post Code NE11425 visible in the Applicant’s dashboard in the recruitment portal; 8.4.2 Permit the Applicant to upload the required educational qualification, experience and supporting documents relating to the said post in accordance with the post-result document upload procedure; 8.4.3 Permit the Applicant to upload all required documents in accordance with the post-result document upload procedure; 8.4.4 Consider the Applicant under the Ex-Servicemen category strictly on merit, without prejudice to the rights of other candidates.

8.5. Relief in View of Departmental Lapse

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In view of the admitted lapse on the part of Respondent No.3 in not incorporating Ex-Servicemen reservation in the requisition initially forwarded, and the delayed disclosure of the communication dated 25.07.2025 through RTI proceedings, issue appropriate directions ensuring that the Applicant is not prejudiced or denied fair consideration due to administrative omission, lack of coordination or delayed disclosure of material information.

8.6. Consequential Relief In the event the Applicant is found eligible and meritorious upon reconsideration, direct the Respondents to:

8.6.1. Grant appointment to the Applicant to the post of Junior Accountant under Post Code NE11425, under the Ex- Servicemen category; and 8.6.2. Extend all consequential benefits including seniority and other service benefits, in accordance with law.

2. The present Original Application has been filed by the Applicant challenging the arbitrary and unlawful action of Respondent No. 1 i.e., Staff Selection Commission and Respondent No. 2 i.e., SSC North Eastern Region in failing to implement the mandatory 10% horizontal reservation for Ex- Servicemen in respect of Post Code NE11425 (Junior Accountant) under the Selection Phase Xiii (Graduate Level) Examination, 2025, notified on 02.06.2025, and consequently denying the Applicant, an eligible Ex-Serviceman, the opportunity to participate in the subsequent stages of the recruitment process. As per the applicant, Respondent No.1 conducted the said recruitment examination based on

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vacancies requisitioned by user departments through its Regional Office, Respondent No. 2. The user department for the said post is Respondent No. 3 i.e., Brahmaputra Board, functioning under the administrative control of Respondent No.4 – Ministry of Jal Shakti. The Applicant served in the Indian Navy for approximately fifteen years (29.01.2009 to 31.01.2024) and is an eligible Ex-Serviceman entitled to the benefit of 10% horizontal reservation in Group ‘C’ posts in terms of the Office Memorandum dated 04.10.2012 issued by the Department of Personnel & Training mandating 10% horizontal reservation for Ex-Servicemen in Group ‘C’ posts under the Government of India. That the Applicant appeared in the said examination conducted by Respondent No.1 and secured more than the prescribed qualifying marks. He was shortlisted for multiple Graduate-level post codes arising out of the same examination. However, since no vacancy was earmarked for the Ex-Servicemen category under Post Code NE11425 in the vacancy position considered by Respondent No.1, the Applicant’s candidature was not shortlisted in the written examination result for the next stage of the recruitment process, namely document scrutiny/document verification. Consequently, the said post code was not reflected in the

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Applicant’s candidate dashboard, thereby preventing him from uploading the required educational and experience documents for the said post. The Applicant submits that the recruitment process relating to the said post has been conducted without proper implementation of the mandatory horizontal reservation for Ex-Servicemen, which is binding on all Government departments. During the application period itself, the Applicant raised the issue of non-implementation of Ex-Servicemen reservation by filing an RTl application dated 20.06.2025 addressed to Respondent No.3 – Brahmaputra Board. In reply to the said RTI, Respondent No.3 informed the Applicant that the vacancies initially forwarded for recruitment were tentative in nature and that the final vacancy position incorporating reservation norms would be updated. The Applicant also pursued the matter through CPGRAMS grievances dated 29.07.2025, whereupon responses issued by Respondent No.3 reiterated that a revised vacancy position incorporating reservation norms had been processed and forwarded to Respondent No.1 – Staff Selection Commission prior to computer based examination date and its subsequent declaration of the result. Further, as per the applicant, subsequent information obtained under the Right to

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Information Act revealed that Respondent No.3– Brahmaputra Board issued a communication dated 25.07.2025 forwarding a revised requisition for recruitment of 14 posts of Junior Accountant, incorporating one vacancy reserved for Ex- Servicemen. The aforesaid revised requisition was issued several months before the written examination and long before declaration of the result dated 05.02.2026. Pursuant to declaration of the result, Respondent No.1 opened the document upload window from 11.02.2026 to 03.03.2026 for shortlisted candidates. However, since the mandatory Ex- Servicemen reservation was not incorporated for Post Code NE11425, the Applicant's candidature was not considered under the said post and the post code was not displayed in the Applicant’s dashboard. During the said interaction, the concerned officer verbally acknowledged that there had been a lapse on the part of the department in not incorporating the Ex-Servicemen vacancy in the requisition initially forwarded for recruitment. The officer further informed the Applicant that the issue had been taken up with officials of Respondent No.4 — Ministry of Jal Shakti for necessary updation of the vacancy position and that the relevant documentary proof of such communication would be furnished through replies to the

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Applicants’ RTI applications and CPGRAMS grievances. The Applicant states that the discrepancy in the vacancy position had already been brought to the notice of the Respondents during the application stage itself, several months before the written examination and declaration of the result. The Respondents therefore had ample opportunity to rectify the vacancy position or issue a corrigendum, but failed to do so. As per the applicant, the Applicant cannot be made to suffer on account of administrative lapse or inaction on the part of the Respondents. It is a well-settled principle of law that a candidate cannot be deprived of his legitimate right due to errors or omissions attributable to the authorities conducting the recruitment process. The mere possibility that additional candidates might have applied, cannot be a lawful ground to deny implementation of a statutory reservation policy, particularly when the omission of the Ex-Servicemen vacancy had already been acknowledged by Respondent No.3 – Brahmaputra Board and a revised requisition had been forwarded to Respondent No.1 – Staff Selection Commission through Respondent No.4 — Ministry of Jal Shakti prior to declaration of the examination result. The actions of the Respondents are therefore arbitrary, unreasonable and

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contrary to the binding reservation policy of the Government of India, thereby violating Articles 14 and 16 of the Constitution of India.

3. Learned counsel for the respondents has reiterated the averments made in written statement and submitted that the O.A. is filed by the Applicant challenging the vacancies advertised under Selection Post Phase XIII/2025 Examination for the post of Junior Accountant, Post Code NE11425, in Brahmaputra Board, Ministry of Jal Shakti on the grounds that the respondents have failed to implement the mandatory 10% horizontal reservation in Group-C posts for Ex-Serviceman in terms of OM dated 04.10.2012 issued by DoPT. Staff Selection Commission vide Phase XIII/2025/Selection Posts Examination Notification dated 02.06.2025 invited applications from the eligible candidates for filling up of different posts under Government of India including 14 vacancies for the post of Junior Accountant having Post Code NE11425, under Respondent No. 3 i.e. Brahmaputra Board. It is relevant to mention herein that the procedure for collection of the vacancies from the User Department has been followed by the Staff Selection Commission as per established practice.

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In the instant case, Respondent No. 01 vide its letter dated 10.09.2024 forwarded the requisition for vacancies (7-UR, 2- OBC, 1-ST & 1-EWS) for the post of Junior Accountant, Post Code NE11425 under Respondent No. 3 submitted by Ministry of Jal Shakti vide its letter dated 05.09.2024 to SSC (NER) i.e. Respondent No. 02 being the Regional Office for North-Eastern Region. It is pertinent to mention here that the submitted requisition had "NIL" vacancies reserved for the category Ex- Serviceman, herein mentioned as ESM. Subsequently, vide letter dated 03.04.2025, the Respondent No. 03 submitted a revised indent for recruitment against the said post thereby including 03 additional vacancies to the existing 11 vacancies amounting to total 14 Nos. of vacancies (8-UR, 3- OBC, 1-SC, 1-ST & 1-EWS) with "NIL" reservation for the category ESM. Consequently, the revised vacancies were incorporated in the then active vacancy reporting portal for Selection Post Phase XIII/2025 Examination on 05.04.2025 in the (Graduate Level)

- Post Code NE11425. Subsequently, the reported vacancies were included in the above mentioned Notification published on 02.06.2025. The closing date for online application for the candidates was fixed on 23.06.2025. The Commission conducted the Computer Based Examination (CBE) for Phase-

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XIII/2025/Selection Posts Examination from 24.07.25 to 02.08.2025 & 29.08.2025 (Re-exam). Brahmaputra Board vide its letter dated 25.07.2025 addressed to M/o Jal Shakti with a copy endorsed to Respondent No. 2 once again revised their vacancies indicating 01 (one) post of Junior Accountant to be reserved for ESM in terms of DoPT norms dated 25.02.2014 which was received in this office only on 24.12.2025 through email and was 4 months after the conduct of Computer Based Examination. Counsel further states that, even assuming without admitting, had the above letter dated 25.07.2025 for revised vacancies of inclusion of 01 ESM in the 'Nil' reported vacancies for ESM, received on the date of its issue, then also the request for inclusion of new category of vacancy could not have been considered for the following reasons:

i. Vacancy reported by the User Departments were uploaded on a designated Vacancy Reporting Portal of the Commission and the last date for editing such entry was 31.05.2025.

ii. The Commission incorporated all the reported vacancies on the Vacancy Reporting Portal in the examination Notification published on 02.06.2025 and invited eligible candidates to fill application form to specific Post Code separately, herein the post of Junior Accountant (Post Code NE11425). The last date & time for receipt of online applications was fixed on 23.06.2025 (up to 2300 hrs).

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iii. As such, request for such revision in the form of introduction of New Category of reservation by Brahmaputra Board vide its letter dated 25.07.2025, subsequent to the closure of Notification cannot be taken into account as it may deprive a major section of candidates those who had not applied for the said post due to non-availability of any vacancy for ESM in the said post as this may result in violation of Article 14 & 16 of the Constitution of India, 1950.

Counsel further states that after receipt of the letter dated 25.07.2025 in the Regional Office via email on 24.12.2025, the matter was discussed with the Commission HQ and after due deliberations, the Competent Authority apprised that no change are feasible at the present stage. Accordingly, the position was conveyed to the applicant by the Commission HQ by replying to his grievance raised in CPGRAM on 22.01.2026. It is a well-settled principle of Service Jurisprudence that the 'Rule of Game' cannot be changed after the recruitment process has commenced. Once vacancies are advertised category-wise, candidates acquire a legitimate expectation that the recruitment will proceed on the notified terms. Accordingly, no illegality, arbitrariness or procedural irregularity can be attributed to Respondent Nos. 1 and 2, and the present Original Application deserves to be dismissed insofar as these Respondents are concerned.

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7. Learned counsel for the applicant has contended that the mandatory 10% horizontal reservation for Ex Servicemen (ESM) has neither been denied nor disputed by either of the recruiting agencies(SSC) or the User Department(Brahmaputra Board). That the User Department has explicitly admitted the reservation and issued a revised vacancy position to give it effect. Furthermore, the Applicant's status as an ESM candidate was accepted by the SSC portal from Day 1 during the online application process (Annexure-A3 of OA). It is submitted that the challenge is specifically directed against the arbitrary, illegal, and unconstitutional failure of the Respondent’s Staff Selection Commission (SSC) to give practical effect to the statutory horizontal reservation mandated for Ex-Servicemen (ESM). The Brahmaputra Board, being a statutory body, functioning under the Ministry of Jal Shakti, is legally bound to enforce the Department of Personnel and Training (DoPT) Office Memorandum dated 04.10.2012. The initial omission of ESM slots in Annexure-C of the Reply (Letter dated 03.04.2025 showing a "NIL" ESM reservation represents a rectifiable clerical omission by the User Department, which was later corrected legally via the Brahmaputra Board letter dated 25.07.2025. Technical

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freezes on a software portal cannot strip away an applicant's statutory right to be processed under a designated reservation quota. The absolute rigidity claimed by the SSC Regional Office is completely disapproved by the language of the Master Recruitment Notice (Annexure A1 of the O.A.) as well as the dynamic administrative execution of Selection Post Phase XI/2025. The publication text itself declares vacancies to be purely tentative and reserves the absolute right to alter, withdraw, or recast rosters at any stage of the recruitment process. Counsel further states that the open admissions on the face of Phase XIlI/2025 corrigenda confirm that the Staff Selection Commission possesses zero independent roster jurisdiction and acts purely as an executing agency for the indents submitted by the respective Ministries/Departments. This institutional character is perfectly aligned with the apex policy admission made by the Under Secretary (C-4 Branch), Staff Selection Commission-HQ, which explicitly states that the Commission has no independent role to alter or maintain the roster of vacancies. That the Applicant formally challenged the omission of the mandatory ESM quota under DoPT rules via

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statutory RTI application on 20.06.2025, filed as Annexure -A4 of the O.A. This was three days prior to the closing date of online applications (23.06.2025) and eight days before the official 'Window for Application Form Correction' (28.06.2025 to 30.06.2025) as set out in Annexure A/22 of the O.A. The Ministry of Jal Shakti, the Brahmaputra Board, and the SSC were placed on formal notice regarding this statutory error while the operational window for adjustments was fully active. That this unbroken timeline confirms that the legal correction of the vacancy structure occurred during the active recruitment and examination window (July-August 2025). Any subsequent delay by the SSC regional office in retrieving or processing its electronic mail until 24.12.2025 constitutes internal Bureaucratic Laches (Administrative delay). It is a settled principle of law that a candidate cannot be penalized or deprived of employment due to transmission delays or communication gaps between departments of the state. The Applicant declared his ex-servicemen status and was legally accepted by the SSC portal as an ESM candidate from Day 1, as evidenced by his verified application profile and his valid Ex Serviceman Certificate. His status was verified and locked within the database during the live application window. In

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strict accordance with Para 19.7 and Para 19.8 of the Master Recruitment Notification (Annexure A1 of the O.A.), the minimum qualifying threshold for Ex-Servicemen (ESM) applicants is explicitly fixed at 20% of the total 200 marks, which computes mathematically to exactly 40 marks. This baseline threshold is re-confirmed under Para 4(ii) and Para 5(c) of the official Written Examination Result Notification (Annexure A/11 of the O.A.), which mandates 40 marks as the absolute passing standard for the ESM category. The Applicant has secured marks well above this qualifying threshold, thereby establishing his unassailable legal eligibility and qualified status under the statutory rules. Since the Brahmaputra Board formally executed and transmitted the revised Proforma preserving 01 ESM horizontal slot (Annexure A15-Pages 3-4 filed herewith), and since the SSC possesses zero independent jurisdiction to alter or override that roster allocation, the regional office's refusal to process the seat constitutes a flagrant abuse of power and a direct violation of the principles of natural justice.

Counsel further states that selectively denying this processing mechanism to an Ex-Serviceman candidate

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constitutes arbitrary discrimination and a hostile exception to established institutional practice, in direct violation of Article

14. That the interim order passed by this Hon'ble Tribunal on 20.04.2026 protecting the seat is perfectly sound, just, and must be made absolute to prevent the irreversible loss of a statutory post.

9. Heard the parties and perused the materials on record.

10. It is an admitted fact that the Respondent No. 01 vide its Letter dated 10.09.2024 forwarded the requisition for 11 vacancies (7-UR, 2-OBC, 1-ST & 1-EWS) for the post of Junior Accountant having Post Code NE 11425. The submitted requisition had “NIL” vacancies reserved for the category Ex- Serviceman. Subsequently, vide Letter dated 03.04.2025, the Respondent No. 03 submitted a revised indent for recruitment against the said post thereby including 03 additional vacancies to the existing 11 vacancies totalling to 14 Nos. of vacancies (8- UR, 3-OBC, 1-SC, 1-ST & 1-EWS) with “NIL” reservation for the category – ESM, which were incorporated in the then active vacancy reporting portal for Selection Post Phase XIII/2025 Examination on 05.04.2025 in the (Graduate Level) having Post

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Code NE 11425. The said reported vacancies were included in the above mentioned Notification published on 02.06.2025. The closing date for online application for the candidates was fixed on 23.06.2025. However, despite the fact that no vacancy was shown for ex-serviceman, applicant had applied under the said category. After passing the examination, he was not shortlisted for further processes in view of the fact that no vacancy was available under ESM category. Thereafter, he came to know that as per the Communication dated 25.07.2025, 01 vacancy was reserved for ESM category.

11. The applicant’s contention cannot be denied that the Board had forgotten to give the horizontal reservation for the ex-serviceman as mandated by the Government of India’s OM dated 04.10.2012 issued by the DoP&T which mandates 10% horizontal reservation for Ex-Servicemen in Group ‘C’. But it is an undeniable fact that the petitioner has approached this Tribunal after conclusion of the almost entire selection process, wherein thousand of candidates appeared in the selection process. Therefore, interfering with such selection process after a belated stage would cause prejudice to all the selected candidates who have faced the competition. We are of the

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considered opinion that Court cannot interfere at this belated stage if any mistake has been committed by the Brahmaputra Board. Respondent Nos. 1 and 2 have acted strictly in accordance with the vacancies reported by the User Department and in conformity with the recruitment Notification already published. Any subsequent request for introduction of a new reservation category after closure of applications and commencement of the examination process would not be entertained.

12. In view of the foregoing discussions, we find no merit in the instant OA. Accordingly, instant OA is dismissed being devoid of merit. However, liberty is given to the petitioner to file a Civil Suit for damages against the Brahmaputra Board in the Competent Court of Law.

13. Interim order, if any, stands vacated.

14. Pending M.A.(s), if any, stand disposed of. No costs.

(MALLIKA ARYA) (RAJINDER SINGH DOGRA) MEMBER (A)

MEMBER (J) /SK/

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