RAJ BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was selected by B.R.O. Agra, at Agra and enrolled in the Army on 15.1.1999 in the trade of Clerk (General Duty). He reported to Brigade of the Guards Regimental Centre, Kamptee, Nagpur, Maharashtra for training on 16.1.1999. His training started w.e.f. 15.2.1999. After completion of Basic Military Training he was to undergo Clerks training. Before this he was, however, to pass the Aptitude Test scheduled in the 10th week of his Basic Training.

(2.) After completion of Basic Training of 19 weeks, the recruits who had passed all requisite tests were sent on recruit leave as per schedule. Nine recruits including petitioner were, however, held back as they did not qualify in the Aptitude Test conducted on 14.5.1999 by a Board of Officers. Having failed in the Aptitude Test the petitioner could not qualify for Clerks training. He was given the option for change of trade in terms of Army Headquarters letter No. A/20335/1 /GS/MT-21 dated 5.7.1996, but he could not be adjusted in other trades as he was found short of height for the Western plain region (Agra Division). The petitioner was, therefore, discharged from service on 18.8.1999 under Army Rule 13(3), Item IV "Unlikely to become efficient soldier." The decision for his discharge was taken in terms of the policy laid down by Army Headquarters vide para 4(b) of the Army Headquarters letter No. A/20335/1/GS/MT-21 dated 5.7.1996.

(3.) The petitioner being aggrieved by his order of discharge approached this Court with a petition under Article 226 of the Constitution of India seeking issue of writ or directions in the nature of writ of mandamus directing the respondents to absorb him into the service or take him back in the service for which he had undergone Basic Training and to regularise his service.