Court permits ex-servicemen, released on their own request after earning pension, to appear in Physical Endurance Test, challenging restrictive interpretation of U.P. Public Services Reservation Act
In a significant judgment delivered on 10th October 2026, the Allahabad High Court, Lucknow Bench, addressed a contentious issue concerning the eligibility of ex-servicemen for reservation benefits under the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993. The petitioners, Manoj Kumar Pandey and others, had qualified the written examination and document verification stages for recruitment but were denied participation in the Physical Endurance Test (PET) on the grounds that they were released from defense service on their own request, thus allegedly falling outside the ambit of ex-servicemen reservation as per Section 2(c)(iv) of the Act.
The Court, presided over by Justice Pankaj Bhatia, carefully considered the issue in light of the Supreme Court's authoritative ruling in Sansar Chand Atri v. State of Punjab (2002) 4 SCC 154, which interpreted a similar provision in the Punjab State Rules. The Supreme Court had emphasized a purposive and beneficial interpretation of the term "ex-serviceman," holding that individuals released from service after completing the requisite service period and earning pension, even if at their own request, should not be excluded from the reservation benefits. Such exclusion would be arbitrary, create an irrational subclassification, and defeat the object of the reservation policy.
Applying this principle, the Allahabad High Court found the State's narrow interpretation of Section 2(c)(iv) questionable and granted interim relief to the petitioners. The Court directed that the petitioners be allowed to participate in the ongoing Physical Endurance Test. However, it clarified that their participation by virtue of the Court's order would not create any special equities or advantages pending final adjudication of the matter.
The Court also noted the urgency involved due to the ongoing recruitment process and allowed the State ten days to file a counter-affidavit and three days thereafter for rejoinder affidavits. The matter is now listed for further hearing on 28th October 2026 before an appropriate Bench.
The judgment reinforces the principle that beneficial statutory provisions, especially those concerning reservations, must be interpreted liberally to fulfill their social justice objectives. It also underscores the judiciary's proactive role in ensuring that deserving ex-servicemen are not unjustly denied their rightful benefits due to technical or restrictive readings of the law.
Bottom Line:
Ex-servicemen released from defence service on their own request, after earning pension, cannot prima facie be denied consideration under ex-servicemen reservation by giving a restricted interpretation to Section 2(c)(iv) of the U.P. Act, 1993; pending adjudication, such candidates may be permitted to participate in Physical Endurance Test without claiming equities.
Statutory provision(s):
Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 Section 2(c)(iv)
Manoj Kumar Pandey v. State of U.P., (All)(Lucknow) : Law Finder Doc Id # 2994805
