NAIB SUBEDAR RAHAMAT KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) , J.

(2.) THE petitioner, a Naib Subedar in the Indian Army, has sought a writ of certiorari seeking quashing of Regimental Headquarter Inter Office Note of 112 Engineer Regiment dated 20th March, 2012 holding that the petitioner cannot be considered for inclusion in Board Proceedings for UN Mission, as the Board of Officer has already finalized on 21st January, 2012 the names of the persons who have to proceed on the United Nation Mission which has also been counter signed by the GOC 9th Infantry Division by order dated 27th January, 2012. THE petitioner has also sought direction to the respondents to allow the petitioner to join the team selected for UN Mission for Sudan, as being qualified and 8th in the order of merit as per merit list attached with the writ petition.

(3.) THE petitioner alleged that Screening Board on 18th January, 2012 had screened the Army personnels in the Regiment and a merit list was drawn. In the screening, the petitioner secured 59 points. THE petitioner alleged that though he has secured 59 points, however, as an act of favoritism, the name of Subedar Paramjit Singh at merit position No.11 with 54.75 points has been included and the petitioner was verbally intimated that his premedical examination documents were misplaced and on such a plea his name has been excluded. THE petitioner asserted that premedical examination qualification is required not for UN Mission, but for promotion to the rank of Naib Subedar which rank has already been given to the petitioner more than a year ago.