In a significant judgment delivered on April 16, 2025, the Supreme Court of India held that personnel from the Indian Military Nursing Service (IMNS) qualify as “ex-servicemen” under the Punjab Recruitment of Ex-Servicemen Rules, 1982. This decision ensures their eligibility for reservation in Punjab Civil Services.
The verdict was passed by a bench comprising Justice Pamidighantam Sri Narasimha and Justice Manoj Misra, dismissing a civil appeal filed by an ex-Army Captain who challenged the eligibility of an IMNS officer for a reserved civil post.
“The State Government recognises the contribution of a resident of the State of Punjab by joining the armed forces of the Union. Serving the nation as part of the armed forces requires physical fitness, and as they exit, they may be unfit for the military but remain capable for civil life,” the Court observed.
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Background of the Case:
The case arose from a recruitment process for the post of Extra Assistant Commissioner (Under Training) in the Punjab Civil Services, advertised in December 2020. Both the appellant (a former Captain in the Indian Army) and Respondent No. 4 (a released officer from IMNS) applied under the ex-servicemen category.
While the appellant was appointed, the IMNS officer’s application was rejected by the Punjab government, stating that IMNS personnel do not fall under the ex-servicemen category. This rejection was initially upheld by a single judge of the Punjab & Haryana High Court. However, on appeal, the Division Bench reversed the decision, allowing the respondent’s claim.
Challenging this before the Supreme Court, the appellant argued that IMNS personnel could not be treated as ex-servicemen under the relevant rules.
The Court emphasized that the Punjab Rules, 1982, not the Central Rules of 1979, were applicable since the recruitment was for a State Civil Service post. Under Rule 2(c) of the Punjab Rules, an ex-serviceman includes those who served in the Naval, Military, or Air Forces of the Union of India, and were released under specified conditions.
“IMNS is part of the Indian military and the armed forces of the Union. Its personnel are commissioned officers whose service and conduct are regulated by the Military Nursing Service Ordinance, 1943, and the Army Act,” the Court noted.
Referring to the case of Jasbir Kaur v. Union of India (2003), the Court affirmed that the IMNS is an auxiliary force of the military and forms part of the Indian Army, though distinct in nature.
Further, the Court stated that the respondent, having served as a Short Service Commission officer in IMNS and released after completion of service with gratuity, falls squarely under Clause (iv) of Rule 2(c) of the Punjab Rules.
“Effective resettlement of ex-servicemen is crucial for maintaining morale within the forces. Neglecting veterans may discourage young talent from joining the military,” the Court emphasized.
The Punjab Government had relied on certain clarifications issued by the Kendriya Sainik Board in 2019 and 2021, which excluded IMNS personnel from the ex-servicemen category. The Court rejected this argument, stating that the Kendriya Sainik Board’s advisory does not override the rules framed under Article 309 of the Constitution by the State Government.
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The Court upheld the High Court’s ruling and directed that Respondent No. 4 be considered for appointment under the ex-servicemen quota. However, since the appellant was also eligible and had already been appointed in 2022, her service would remain undisturbed.
“Respondent No. 4 is found to be meritorious and, if eligible, must be appointed under the ex-servicemen category. She will be entitled to notional service benefits but no back wages. The appointment will not affect the appellant’s position,” the judgment concluded.
Case Title: IRWAN KOUR VERSUS PUNJAB PUBLIC SERVICE COMMISSION & ORS.
Appearance:
For Petitioner(s) :Mr. Vinay Kumar Garg, Sr. Adv. (Arguing Counsel) Mr. Ankur Chhibber, Adv. Mr. Nikunj Arora, Adv. Mr. Vardhman Kaushik, AOR Mr. K S Rekhi, Adv. Ms. Elaisha Asher, Adv. Mrs. P S Vijayadharni, Adv. Mr. Arindam Sarin, Adv.
For Respondent(s) :Mr. Vivek Jain, D.A.G. (Arguing Counsel) Ms. Nupur Kumar, AOR Mr. Sadiq Noor, Adv. Mr. Nishanth Patil, AOR Mr. MV Mukunda, Adv. (Arguing Counsel)
