Judgment :- 1. Since common issues were raised in all these Writ Petitions, they were heard together and they are disposed of by means of this Common Order. 2. Admittedly, the petitioners are all Ex-servicemen. The 2nd respondent issued Advertisement No.112, dated 'Nil' calling for applications from eligible candidates for direct recruitment to the posts of Grade-II Police Constables (Male/Female), Jail Warders (Male) and Fireman (Male). The petitioners applied for the said posts. In the written examination, they emerged successful. Thereafter, they were called for Physical Endurance Test. In the said test, the petitioners were declared as not qualified, as a result, they were rejected. Challenging the disqualification slips issued to them on 21.08.2012 in Rc.No.R.1/4344/2011, the petitioners have come up before this Court with these Writ Petitions. 3. In all these Writ Petitions, it is contended that so far as the Ex-servicemen are concerned, as per the Special Rules for the Tamil Nadu Police Subordinate Service vide Annexure-II Category 7, Ex-servicemen who had earlier served as Drivers, Auto Mechanics, Auto Electricians and Armourers they shall be exempted from undergoing Physical Measurement Test and Physical Efficiency Test for the post of Grade-II Police Constables. It is the contention of the petitioners that in spite of the special provision contained in the service rules, the petitioners were asked to undergo the Physical Measurement Test and Physical Efficiency Test and they have been declared as not qualified in the same. Thus, according to the petitioners, the rejection of their candidatures is not sustainable and therefore, they are liable to be interfered with. 4. In the common counter in all these Writ Petitions, inter alia, it is pointed out by the respondents that Annexure-II to the Rules for Category 7 is strictly complied with. So far as the Ex-servicemen who have served as Drivers, Auto Mechanics, Auto Electricians and Armourers are concerned, they stand exempted from undergoing the Physical Measurement Test and Physical Efficiency Test. However, in view of the letter of the Principal Secretary to Government in Letter No.26129/Police-III/2009-7 dated 18.04.2011, the above exemption from undergoing Physical Measurement Test and Physical Efficiency Test was not given up in the case of the petitioners. However, in view of the letter of the Principal Secretary to Government in Letter No.26129/Police-III/2009-7 dated 18.04.2011, the above exemption from undergoing Physical Measurement Test and Physical Efficiency Test was not given up in the case of the petitioners. It is also contended that since the petitioners, who are not otherwise qualified to participate in the competition, are coming within the field of competition by getting relaxation from the essential qualifications, they can not compete with the other candidates and they are eligible to be considered as against the 5% quota reserved for Ex-servicemen alone. 5. I have heard the learned Senior Counsel for the petitioners and the learned Additional Advocate General for the respondents and I have also carefully perused the materials available on record. 6. Before going to the factual aspects of the matter, let us have a cursory look into the provisions of the Tamil Nadu Police Subordinate Service Rules. Rule 14 speaks of Special qualifications which reads as follows: "Rule 14 Special Qualifications: No person shall be eligible for appointment to the class and category specified in column (1) of Annexure II to those rules unless he is of the age limit for appointment otherwise than by promotion specified in column (2) and possesses the qualification prescribed in the correspondent entry in column (3) thereof. G.O.Ms.No.60, Home (Pol.VI) Department, dated 18.1.2002 Note : The age limit specified in Annexure II to those rules shall be applied with reference to the first day of July of the year in which the selection for appointment is made. Provided that age limit specified in Annexure II to these rules shall be reckoned with reference to first day of January in respect of the recruitment to the post of Sub-Inspector by direct recruitment for the year 1994. G.O.Ms.No.494, Home (Pol-III) dated 4.5.94. (ii) A candidate who had rendered war service shall be eligible for appointment to posts for which the minimum general educational qualification has been prescribed in Annexure II to these rules, if he has appeared for the Secondary School Leaving Certificate Examination of the State and has been declared eligible for College Course. G.O.Ms.No.494, Home (Pol-III) dated 4.5.94. (ii) A candidate who had rendered war service shall be eligible for appointment to posts for which the minimum general educational qualification has been prescribed in Annexure II to these rules, if he has appeared for the Secondary School Leaving Certificate Examination of the State and has been declared eligible for College Course. (iii) In the case of extra temporaryemployees already discharged or facing retrenchment form the Census organisation in the Tamil Nadu State, a period of three years shall be excluded in computing their age for appointment if they have rendered a temporary service of at least six months in the Census organisation in the Tamil Nadu State. (1) Provided that such employees shall be eligible for only one chance to appear for the test or examination conducted by the authorities for making selection. (2) Provided that the Director General of Police may for reasons to be recorded in writing exempt persons who do not possess the qualification in regard to physical requirements prescribed in the said Annexure, for being appointed as Constables. (3) Provided further that the Director General of Police, may exempt persons who do not possess the educational qualification prescribed in the said annexure for being appointed as Buglers. Such persons appointed as Buglers shall not be eligible for appointment as Constables. (4) Provided further that the Director General of Police may exempt the Indians, returned until the end of December 1971 from Burma and Ceylon who do not possess the age and educational qualification prescribed in the said Annexure for being appointed as Police Constable. (iv) The possession of National Awards for physical efficiency shall be a preferential qualification for candidates for appointment by direct recruitment to the categories of Sub-Inspectors, Reserve Sub-Inspectors, Police Constables Grade-I and Grade II. G.O.Ms.No.842, Home (Pol.III) dated 18.4.78." 7. As referred to in the said rule, now let us have a look into the Annexure-II to the said rules in respect of Category 7, namely, the Constables men and women (other than Band Constables Office of the Director General of Police) and Reserve Constables. Category – 7 Constables Men & Women (other than Band Constables Office of the Director General of Police) and Reserve Constables. of age and must not have completed 24 years of age. Category – 7 Constables Men & Women (other than Band Constables Office of the Director General of Police) and Reserve Constables. of age and must not have completed 24 years of age. Provided that for appointment of a candidate who is a member of SC/ST the upper age limit shall be 29 years of age. Provided further that for appointment of a candidate belonging to Ex-Serviceman the upper age limit shall be 45 years and must have not passed more than three years from the date of discharge. Provided also that appointment of a candidate who is a destitute widows belonging to OC, BC, MBC or denotified communities or SC or ST the upper age 1 (i) in respect of male candidates (a) the height must not be less than 168 cms. (Provided that in the case of candidates belonging to SC/ST the height shall not be less than 165 cms. (b) the chest measurement must not be less than 86 cms. round, the chest on full inspiration with a minimum expansion of 5 cms. (ii) In respect of female candidates (a) the height must not be less than 157 cms. Provided that in the case of SC/ST the height shall not be less than 155 cms. (b) There shall be no chest measurement for women candidate. Both men and women candidates should take physical measurement test THE TABLE FOR MEN CANDIDATES Two One Star Standard2 Standard Serial No. Events Stars 1 Star marks 5 marks 2 Star (1) (2) (3) (4) 1 High Jump 1.20 Meters 1.40 Meters 2 Long Jump 3.80 Meters 4.20 Meters 100 Meters 3 15.0 Seconds 13.5 Seconds Run Two One Star Standard2 Standard Serial No. Events Stars 1 Star marks 5 marks 2 Star 400 Meters 4 80.00 Seconds 70 Seconds Run 5 Rope Meters 6 Meters Climbing 5 THE TABLE FOR WOMEN CANDIDATES Two One Star Standard2 Standard Serial No. Events Stars 2 1 Star marks 5 marks Star (1) (2) (3) (4) 1 Long Jump 3.25 Meters 3.75 Meters 100 Meters 2 15 Seconds 14.50 Seconds Run 400 Meters 3 36 Seconds 33 Seconds Run 4 Shot Put 4.50 Meters 6.5 Meters 5 Throw Ball 17 Meters 21 Meters Out of 5 events, the candidates shall participate in 3 events viz., one jump event, anyone of the running event and either shot put or throw ball event. The marks (maximum 15 marks) shall be counted for commutation of total marks for selection. There shall be a written test consisting of GK and Psychology Test and extra qualification for NSS/NCC/Sports Games as follows: Out of 85 Marks, a candidate shall secure Minimum of 40 Marks in the Written test. Explanation.-(i) The total percentage under sports quota and quota for dependents for serving Police Personnel etc. shall not exceed 20% (ii) Ex-Servicemen served as Drivers. Auto Mechanics, Auto – Electricians and Armourers shall be exempted from undergoing physical measurement test and Physical Efficiency Test for the post of Gr. II PC. 8. A perusal of the above provision would make it very clear that a candidate should essentially possess three qualifications, namely, the educational qualification, age qualification and qualification in physical measurement and physical efficiency. So far as Class II of Proviso 2 to Rule 14 is concerned, it gives relaxation to the candidates who had rendered war service in the matter of educational qualification. Here, the term 'war service' needs to be underlined. Similarly, Annexure-I, second proviso in Column 2 speaks of relaxation in the matter of upper age limit for Ex-servicemen which states that the upper age limit shall be 45 years for Ex-servicemen whereas the upper age limit for others is only 24 years. Here, the language used is not candidates rendered war service, but the language is Ex-servicemen. It indicates that for getting age relaxation, the candidates need not have participated in war. Finally, Clause II to Exception to the Table annexed to Category 7 in Annexure-I speaks of relaxation in the matter of physical measurement and physical efficiency. It states that Ex-servicemen served as Drivers, Auto Mechanics, Auto Electricians and Armourers shall be exempted from undergoing these tests. Here, the language used again needs to be carefully underlined. This provision does not encompass into its sweep all Ex-servicemen, instead, it covers only the Ex-servicemen who served as Drivers, Auto Mechanics, Auto Electricians and Armourers. Thus, it is crystal clear that it does not cover all the Ex-servicemen who are entitled for this exemption in respect of measurement and physical efficiency and it is only those ex-servicemen, who have worked as Drivers, Auto Mechanics, Auto Electricians and Armourers alone, are entitled for this relaxation. 9. Thus, it is crystal clear that it does not cover all the Ex-servicemen who are entitled for this exemption in respect of measurement and physical efficiency and it is only those ex-servicemen, who have worked as Drivers, Auto Mechanics, Auto Electricians and Armourers alone, are entitled for this relaxation. 9. By a simple comparison of these provisions, it can be easily deduced that an Ex-serviceman who had rendered war service alone is eligible for relaxation in the matter of educational qualification and the other Ex-servicemen are not entitled for this benefit. In respect of relaxation in the matter of upper age limit, there is no restriction since all the Ex-servicemen are entitled for relaxation of upper age limit as per the provisions cited above. So far as the relaxation in the matter of physical measurement test and physical efficiency test also, there is again restriction according to which only the Ex-servicemen who had worked as Drivers, Auto Mechanics, Auto Electricians and Armourers alone are entitled for the benefit and not other Ex-servicemen. 10. In the case on hand, the petitioners do not claim any relaxation regarding educational qualification. They claim relaxation only in respect of age and in respect of physical measurement and physical efficiency. Admittedly, the petitioners had worked as drivers in the Indian Army and therefore, they are entitled for the exemption in respect of physical measurement test and physical efficiency test. Therefore, as per this service Rule, the petitioners need not undergo the Physical Measurement Test and Physical Efficiency Test. But Contrary to the said rule, the respondents have directed the petitioners to undergo physical measurement test and physical efficiency test and they have rejected them as they were found not qualified to pass these two tests. Reliance is placed for this on the letter of the Principal Secretary to Government dated 18.4.2011 in Lr.No.26129/Police-III/2009-7 to the Director General of Police and Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai-2. 11. In my considered opinion, this stand of the respondents placing reliance on the letter cannot be accepted at all. It is any one's knowledge that when there is a statutory rule governing a service, the same shall alone be applied and the said rule cannot be overridden by an Administrative Circular, Government Order or Memorandum. 11. In my considered opinion, this stand of the respondents placing reliance on the letter cannot be accepted at all. It is any one's knowledge that when there is a statutory rule governing a service, the same shall alone be applied and the said rule cannot be overridden by an Administrative Circular, Government Order or Memorandum. Here, in this case, what is relied on by the respondents is only the letter of the Principal Secretary to the Government. This letter, I would repeat, shall not in any manner over ride the service rules referred to above. In such view of the matter, this letter needs only to be ignored. Now going by the Service Rules which I have elaborately dealt with, since the petitioners have worked as drivers in Indian Army, they are entitled for the exemption from undergoing physical measurement test and physical efficiency test. 12. Now, as per the notification, for undergoing physical measurement test and physical efficiency test, a total number of 15 marks is awarded. The question is as to whether the petitioners are entitled for 15 marks on this score or they are not entitled for the same since they do not undergo physical measurement test and physical efficiency test. In this regard, the learned Additional Advocate General would rely on a letter of the Secretary to the Government in Lr (Ms).No.607, Home Department, dated 15.7.2003, wherein the Secretary to Government has informed the Chairman, Tamil Nadu Uniformed Service Recruitment Board that the Ex-servicemen shall be given full 15 marks allotted to Physical Measurement Test and Physical Efficiency Test. 13. In my considered opinion too, the candidates who got exemption from undergoing Physical Measurement Test and Physical Efficiency Test are entitled for full 15 marks earmarked for the same. Otherwise, they will be in a highly disadvantageous position and practically, they will not get selected, because, the Ex-servicemen candidates, who undergo these two tests will be far ahead of these candidates. Denying 15 marks for them to get exemption will only defeat the very object of giving the exemption. Therefore, I am of the view that those candidates who are given exemption from undergoing physical measurement test and physical efficiency test are entitled for full 15 marks earmarked for the same. 14. Denying 15 marks for them to get exemption will only defeat the very object of giving the exemption. Therefore, I am of the view that those candidates who are given exemption from undergoing physical measurement test and physical efficiency test are entitled for full 15 marks earmarked for the same. 14. Now, the learned Senior Counsel for the petitioners would submit that as per the Notification, 5% of vacancies have been earmarked for the Ex-servicemen. According to the petitioners, they are entitled to be considered not only against the 5% of reservation earmarked for Ex-servicemen, but also as against the rest of the 95% also. 15. But the learned Additional Advocate General, referring to the common counter, would submit that the petitioners shall be considered only against 5% earmarked for Ex-servicemen and they may not be considered against the 95%. I find some force in the argument of the learned Additional Advocate General. 16. In my considered opinion, if a candidate who is not otherwise eligible to participate in the competition, gets into the competition by getting anyone of the relaxations, such as in the matter of educational qualification, relaxation in the matter of age or relaxation in respect of physical measurement and physical efficiency, then, the said candidate cannot compete with other candidates who do not enjoy these exemptions. To put it otherwise, a candidate who incidentally happens to be an Ex-serviceman possesses all the required qualifications including the physical measurement and physical efficiency tests and if he does not claim any exemption under anyone of the above categories, then, he can be considered against the remaining 95% of the vacancies. Simultaneously, he can also be considered against the 5% of vacancies reserved for Ex-servicemen. On the contrary, as I have already stated, if a candidate enjoys anyone or more of the exemptions and gets into the competition, then, he will be considered only against the 5% of quota earmarked for Ex-servicemen. The said 5% shall never be treated as vertical. It is always horizontal. The Hon'ble Supreme Court in number of judgments has held that the social reservations which fall under Article 16(4) of the Constitution of India are vertical reservations and all the other reservations which are special in nature are only horizontal reservations. Thus, special reservations fall under Article 16(1) of the Constitution of India. It is always horizontal. The Hon'ble Supreme Court in number of judgments has held that the social reservations which fall under Article 16(4) of the Constitution of India are vertical reservations and all the other reservations which are special in nature are only horizontal reservations. Thus, special reservations fall under Article 16(1) of the Constitution of India. In respect of the vertical and horizontal reservations, I believe, it need not be elaborated in this order because there is no controversy before this Court that Ex-servicemen quota is only a special reservation which is a horizontal reservation cutting across the vertical reservation. I would like to say that the respondents shall treat the 5% of quota earmarked for Ex-servicemen as horizontal and accordingly, proceed with the selection process. 17. Coming to the facts of the present case, the petitioners claim exemption from undergoing the physical measurement and physical efficiency tests. Therefore, they can be considered only as against the horizontal reservation of 5% earmarked for Ex-servicemen and not as against the rest of 95%. 18. In view of all the above, the Writ Petitions are allowed in the following terms: 1. The impugned orders of disqualification slips issued by the 2nd respondent against the petitioners are all set aside; 2. The Respondent Board shall award full 15 marks to the petitioners which is otherwise earmarked for Physical Measurement and Physical Efficiency Test; and 3. The petitioners shall be considered only against the 5% of Horizontal Reservation Quota reserved for the Ex-servicemen. No costs. Consequently, connected Miscellaneous Petitions are also closed.