SUBORDINATE SERVICES SELECTION BOARD versus BIR SINGH AND ANR./RAM NIWAS AND ORS.

Citation: [1995] 2 S.C.R. 1145 · Decided: 27-03-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

I 
r 
SUBORDINATE SERVICES SELECTION BOARD 
A 
v. 
BIR SINGH AND ANR./RAM NIWAS AND ORS. 
MARCH 27, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.) 
B 
Service Law-Appointments-Clerk in 'A' Class Offices--Qualifica-
tions-R.e.rerving post for ex-servicemen-Appointment to unfilled post 
reserved for ex- servicemen-Dependent of ex-servicemen-Eligible for con-
sideration-Subject to candidates possessing qualifications prescribed for C 
post-Dependent of ex-servicemen cannot be considered to be an ex-ser-
vicemen. 
The Government while reserving the post for ex-servicemen 
prescribed qualifications for the posts in Class'A' offices as mere 
Matriculation. The qualification of First Division in Secondary or Second D 
Division in Intermediate was necessary for general candidates. In the year 
1979 while giving benefit of reservation to the children of Ex-Servicemen, 
it was stated that due to non-availability of suitable candidates for the 
reserved quota, the recruitment of Ex-Servicemen to the Civil posts was 
not being made to the desired extent. Therefore, it had been decided that E 
the dependent sons and daughters of Ex-Servicemen, who fulfill all the 
conditions of qualifications prescribed for the posts.should be considered 
on merit for the posts reserved for Ex-Servicemen to the extent of non· 
availability of suitable Ex-Servicemen. 
The respondents, dependents of Ex-servicemen claimed that since F 
,;--the advertisement dated 7.9.1991, did not prescribe any distinction between 
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'A' class and 'B' class offices and had only mentioned about Matriculation 
as the respondents had secured Matriculation, they were eligible on par 
with the ex-servicemen for appointment in 'A! class posts. 
The question raised for consideration was whether the respondents 
were eligible to be considered for appointnient as Clerks in 'A' class offices 
on the admitted position that they were not matriculates with first division. 
The High Court found them to be eligible. Hence these appeals. 
Allowing the appeals, this Court 
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1146 
SUPREME COURT REPORTS - --
11995) 2 S.C.R., 
A 
HELD: The·advertisement dated 7.9.91 dealt with Clerks in general; 
it did not say about Clerk in 'A' class offices. In case ex-servicemen were 
not available and there existed vacancy reserved for ex-servicemen, the 
dependent i.e. son or daughter of ex-servicemen, was eligible for considera-
tion to appointment but subject to the candidates possessing qualifications 
prescribed for the posts. One of the conditions was that in case of the 
B dependent, he shall also be required to be a Matriculation with First 
Division or Intermediate with Second Division. Such candidate alone was 
eligible for appointment in 'A' class office. The benefit of mere Matricula-
tion was available to the ex-servicemen only. Dependent's son or daughter 
cannot be considered to be an ex-servicemen. The benefit of giving reser- / 
C vation to the dependents is only to see that the posts reserved for ex-ser-
vicemen may not be allowed to be lapsed for non-availability of 
ex~servicemen. The respondents were not entitled for appointment in 'A! 
class offices since they did not have First Division in Matriculation nor 
were they ex-servicemen. [1149-D-F] 
D 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4474-75 
of 1995. 
-< 
From the Judgment and Order dated 14.7.93 of the Punjab & 
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Haryana High Court in C.W.P. 11553 of 1993. 
Pradeep Gupta and K.K. Mohan for the Appellant. 
B.S. Chahar and Ashok Mathur for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
The only question is whether the respondents are eligible to be 
considered for appointment as Clerks in 'A' Class offices on the admitted-~ 
position that they are not matriculates with first division. The High Court ' 
G in W.P. No. 11553/93 by judgment dated 14.7.94 found them to be eligible. 
Admittedly, the respondents are dependents of ex-servicemen. The 
Government while reserving the posts for ex-servicemen, have prescribed 
qualifications for the posts in Class 'A' offices, as under :-
"Qualifications of the posts of Clerks, Steno-typists and Stenog-
H raphers in all 'A' class offices. 
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S.S.S.B. v. BIR SINGH 
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Name of the Post 
Qualifications 
A 
Clerks 
1. 
Matric 1st. Div./Higher Secondary Ilnd Divi-
sion/lntermediate Ilnd Div./Graduates or 
equivalent (For Ex-servicemen Matric only) 
2. 
Knowledge of Hindi upto Matric standard. 
B 
3. 
Hindi/English ty
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