‘NOC presented by retiring soldier for civil job not equal to ex-Serviceman status’: HC draws clear line

Chandigarh: In a significant ruling on eligibility norms for ex-Servicemen (ESM) in public recruitments, Punjab and Haryana high court has held that a ‘no-objection certificate' (NOC) issued to serving armed forces personnel does not confer ESM status for the purposes of selection, reiterating that eligibility must be determined strictly as on the closing date of applications."An NOC is only a permission granted to serving personnel to apply for any govt post and has no concern with the recruitment process or the conditions based upon which the candidates have to be selected," Justice Tribhuwan Dahiya ruled while dismissing the petition of Jitender Kumar, who had challenged the rejection of his candidature for the post of assistant professor (college cadre) in geography under an advertisement issued in 2024 by Haryana Public Service Commission (HPSC).
The court clarified that while NOC enables soldiers to apply, it does not override the statutory and advertised eligibility conditions. ESM status, the court held, is acquired only upon release or retirement from service, and must be supported by a valid certificate issued by the Zila Sainik Board as on the closing date.The petitioner, a sergeant in Indian Air Force (IAF) at the time of application, had applied under ESM category on the strength of an NOC dated June 28, 2024, provided by IAF. The NOC permitted him to appear in competitive examinations and apply for govt posts while in service.However, he was formally discharged from service only on June 30, 2025, more than three months after the extended closing date for submission of applications, March 15, 2025, for the post.Though he cleared both the screening test and subject knowledge test and was called for document verification, his candidature was rejected at the final stage on the ground that he did not possess ESM status on the crucial cut-off date.In his plea challenging rejection of his candidature under ESM category, he submitted that he had applied on the basis of the valid NOC from IAF and, accordingly, had the status of ESM on the closing date. He placed reliance on a notification of ministry of personnel, PG and pensions, dated Oct 27, 1986, whereby Armed Forces personnel are permitted to apply for re-employment a year before completion of their term of engagement. He is thus entitled to be considered as ESM for the post in question, his petition argued.After hearing the parties, HC held that since the petitioner was still in active service on March 15, 2025, he did not fulfil the essential eligibility requirement."Apparently, NOC is to give permission to serving Armed Forces personnel to apply for re-employment a year before completion of their term of engagement and avail the concessions meant for ex-Servicemen. However, possessing ESM status on the closing date for submission of applications is an essential requirement of eligibility in terms of the advertisement, which cannot be termed a concession available to the ex-Servicemen," HC observed while dismissing the plea.