SUNIL BHARDWAJ Vs. UOI

JUDGEMENT

(1.) These writ petitioners assail the common judgment dated 23rd September, 2011 passed by the Armed Forces Tribunal, New Delhi dismissing five petitions being O.A.Nos.262, 257, 258, 259 and 260 of 2011 filed by Maj. Brijpal Upadhyay, Ex.Major Ranjit Pal Singh Bhogal, Ex. Major (Mrs.) Amrita Datla, Ex.Major Sunil Bhardwaj, Ex. Major Lt.Col.(Mrs.) Seema Prasad Pandey v. Union of India & Ors. respectively. The petitioners have separately assailed this common judgment by way of the above five writ petitions. Inasmuch as these writ petitions raise similar questions of facts and identical questions of law, the same are taken up together for consideration and adjudication.

(2.) Inasmuch as, the order of the Armed Forces Tribunal takes into consideration the facts in the case of Major Brijpal Upadhyay, we are also noticing the facts of the same petition hereafter. On 18th February, 2003, this petitioner was granted Short Service Commission as a doctor in the Army Medical Corps. His initial appointment was for a period of five years, extendable initially for five years with an option for a further extension of four years. Major Brijpal Upadhyay applied for release from the Army on the 20th of February 2011.

(3.) Just as the other four petitioners, this petitioner applied to the R&R Medical Hospital at Delhi for undergoing the post-graduate medical course for the Academic Session 2011. The grievance of the petitioner is that the respondents had notified a merit list of 56 doctors as having qualified for the post-graduate course being conducted by the R&R Hospital but gave admission to only 42 doctors. It is contended that the respondents took the illegal stand that the remaining 14 doctors, though in the merit list, could not be granted admission for the reason that the hospital did not have sufficient teaching faculty which was recognized by the University of Delhi.