- (1.) ORDER
(2.) LEAVE granted. The only question is whether the respondents are eligible to be considered for appointment as clerks in Class 'A' offices on the admitted position that they are not matriculates with first division. The High court in WP No. 11553 of 1993 by judgment dated 14/7/1994 found them to be eligible. Admittedly, the respondents are dependants of ex-servicemen. The government while reserving the posts for ex-servicemen, have prescribed qualifications for the posts in Class 'A' offices, as under: JUDGEMENT_651_SUPP2_1995Html1.htm For Class 'B' offices, it was prescribed thus: "Qualification for the post of Clerks, Stenotypists and STENOGRAPHERS in all offices other than 'A' class offices: 653 JUDGEMENT_651_SUPP2_1995Html2.htm In the year 1979 while giving benefit of reservation to the children of ex- servicemen, by proceedings dated 21/3/1979, it was stated thus: "It has been observed that due to non-AVAILABILITY of suitable candidates for the reserved quota, the recruitment of ex-servicemen to the civil posts is not be tag {Bade to the desired extent. In view of this, it has been decided that the dependent sons and daughters of ex-servicemen, who fulfil all the conditions of qualifications, age etc. prescribed for various posts, should also be considered on merits for the posts reserved for the ex-servicemen to the extent of non-availability of suitable ex-servicemen. this entitlement would be available one dependent child only." (emphasis supplied)
(3.) A reading of these conditions would clearly indicate that if the ex- servicemen are considered for appointment in 'A' class offices, they may be mere matriculates only. The qualification of First Division in Higher Secondary or Second Division in Intermediate is necessary for general candidates. With regard to the appointments in 'B' class offices this condition was not incorporated. For children of ex-servicemen, they are required to fulfil all the g conditions of qualification as prescribed for the posts and be considered on merits for appointment to the unfilled posts reserved for ex-servicemen. Respondents contend that since the advertisement, Annx. R-l, dated 7/9/1991, does act prescribe any distinction between 'A' class and 'B' class offices and had only mentioned about Matriculation as the respondents had secured Matriculation, they are eligible on a par with the ex-servicemen for appointment in 'A' class posts. We find no force as the advertisement dealt with clerks in general; it did not say about clerk in 'A' class office. It has already 654 been seen that in case ex-serviceman is not available and there exists vacancy reserved for ex-serviceman the dependent i.e. son or daughter of ex-servicemen is eligible for consideration to appointment but subject to the candidate's possessing qualifications prescribed for the posts. One of the conditions is that in case of the dependent, he shall also be required to be a Matriculate with First Division or Intermediate with Second Division. Such candidate alone is eligible for appointment in 'A' class office. The benefit of mere Matriculation is available to the ex-servicemen only. Dependant's son or daughter cannot be considered to be art ex-serviceman. The benefit of giving reservation to the dependants is only to see that the posts reserved for ex-servicemen may not be allowed to be lapsed for non-availability of ex-servicemen.;