NAND KISHORE MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant was a candidate for grant of Permanent/ Short Service Commission in the Army Medical Corps(AMC)(Non-Technical) for which applications were invited vide Notification No. 32433/PC/SSC/AMC(NT)/07/DGAFMS/DG-1A(1) dated January 19, 2007. Though successful in the selection and recommended for the grant of Short Service Commission in the AMC, he was denied the Commission on the ground that he was not eligible being in Medical Category SHAPE-II.

(3.) In the counter affidavit filed on behalf of the Respondents before the Armed Forces Tribunal, the reason assigned for denial of Commission to the Appellant was stated as under: