Allahabad HC Allows Ex-Servicemen to Participate in PET

In an interim order dated 11 October 2026, the Lucknow Bench of the Allahabad High Court has permitted fifteen ex-servicemen, who were discharged at their own request, to participate in the ongoing Physical Endurance Test (PET) for recruitment. The order was issued by Justice Pankaj Bhatia, addressing the petition filed by Manoj Kumar Pandey and fourteen other candidates who had served in the defence forces.

The petitioners contested their exclusion based on Section 2(c)(iv) of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993. This section defines an “ex-serviceman” as someone who has served in the Army, Navy, or Air Force and was released after fulfilling a specific tenure but was not discharged at their own request or dismissed for misconduct. The authorities denied the petitioners’ eligibility for benefits reserved for ex-servicemen due to their voluntary discharge from service.

Counsel for the petitioners, Krishan Kanhaya Pal and Pooja Pal, argued that the exclusion from the PET was unjust. They cited a precedent from the Supreme Court case Sansar Chand Atri v. State of Punjab (2002) 4 SCC 154, where a similar provision was interpreted. The petitioners contended that their situation was analogous, asserting that the Supreme Court’s ruling indicated that all ex-defence personnel should be treated uniformly, regardless of the circumstances surrounding their release.

The petitioners had successfully passed the written examination and document verification processes before being barred from the PET. They sought immediate permission to participate in the ongoing tests, referencing a previous interim order issued by the Allahabad High Court in Writ A No. 16700 of 2026 on 6 October 2026.

In opposition, the State’s Standing Counsel argued that the petitioners were aware of their ineligibility under the statutory rules and had failed to approach the court in a timely manner. The State maintained that the petitioners should not receive judicial relief at this late stage of the selection process.

Justice Bhatia acknowledged the State’s arguments but emphasized that the legal issue could not be isolated from existing Supreme Court precedents. He noted that the Supreme Court had previously addressed similar restrictions, asserting that individuals who have served in the defence forces should be treated as a distinct class and should not be discriminated against based on the nature of their discharge.

The court highlighted that the Supreme Court’s interpretation in Sansar Chand Atri emphasized that ex-servicemen should not be disadvantaged because of their voluntary discharge. The ruling stressed that all personnel who have completed the requisite service should be entitled to the same benefits, irrespective of whether they were discharged voluntarily or otherwise.

As a result, the Allahabad High Court directed that the petitioners be allowed to take the Physical Endurance Test as an interim measure. However, the court clarified that participation in the test would not grant them any special advantages in relation to their claims for statutory benefits, which will be assessed in due course.

The case reflects the ongoing legal discourse surrounding the rights and recognition of ex-servicemen in India, particularly in relation to recruitment processes and the benefits they are entitled to. The High Court’s ruling aligns with the principles established by the Supreme Court, reinforcing the notion that the treatment of ex-servicemen should be equitable and just, irrespective of their discharge circumstances. Further hearings will determine the substantive claims of the petitioners against the statutory requirements of the Uttar Pradesh Public Services Act.