(1.) Union of India calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court allowing the writ petition filed by the respondent. By the impugned judgment. High Court directed the present appellant to grant the writ petitioner a permanent commission. It was further directed that alternate employability was to be given, keeping in view his medical fitness.
(2.) Background facts in a nutshell are as follows:
(3.) Stand of the present appellant was that low medical categorisation had no bearing on the decision to deny the permanent commission. It was categorically stated that the writ petitioner did not meet the minimum performance criteria.