ALOK SHUKLA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioners grievance in the present writ petition is that despite possessing a valid university degree; clearing the prescribed examination and fulfilling the eligibility conditions for the inter arms/service transfer from the Corps of artillery to the Judge Advocate General department with the Indian Army, his application for the same has wrongly not been considered. In support of his submissions, the petitioner places reliance on the judgment of this court dated 16th August, 2007 in W.P.(C) No. 17025/2006 entitled Lt. Col. Mukul Dev vs. UOI & Ors. also an ex officer of the Corps of artillery who is similarly placed and had taken the same exam for inter arms/service transfer in 2005 as the petitioner.

(2.) The factual narration leading to the present case is not disputed. The petitioner completed his undergraduate course in 1992 from the Kanpur university and then joined the three year Bachelor of Laws (LL.B.' hereafter) degree course with the DAV college, Kanpur, which was affiliated to the Chhatraprati Shahu Ji Maharaj University, Kanpur. The petitioner successfully completed the LL.B. Part I course in 1998.

(3.) While pursuing the second year of the course, the petitioner was selected and required to proceed in June, 1999 to the Officers Training Institute, Chennai for basic military training. The petitioner has contended that though he had undertaken the classes for the second year course, he could not undertake the examination for the reason that he was required to join his training with the Army at Chennai.