KAROON SEM Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, petitioner is seeking issuance of writ/direction or order directing the respondents to provide the benefit of letter dated 3.10.2008 and 14.5.2009 to the petitioner and refund the amount paid by the petitioner towards the cost of training along with interest.

(2.) Grievance of the petitioner in the present writ petition filed under Article 226 of the Constitution of India is that he had joined the National Defence Academy in June 2006 after having cleared the National Defence Academy examination conducted by the UPSC and had paid an amount of Rs.5,09,400/- towards the cost of training charges to the Academy but was not reimbursed the said amount after his candidature was withdrawn by the NDA on disciplinary grounds as per the settled criteria.

(3.) The facts of the case are not in dispute. However to throw light on the short controversy involved in the present case, it would be pertinent to mention that the petitioner had joined the National Defence Academy, Khadakwasla, Pune in June 2006 and started participating in the officers' pre-commission training after having cleared the NDA examination. On 2nd February 2008 he was withdrawn by the NDA on disciplinary grounds and thus his name was struck off from the list of selected candidates with effect from 7th April 2008. The petitioner has however paid an amount of Rs.5,09,400/- towards the cost of training charges as levied by the Academy. On 3rd October 2008, respondent No. 1 , Ministry of Defence, Government of India issued a letter that conveyed about discontinuing the earlier policy of recovering the cost of training from the cadets who were also withdrawn by the NDA on disciplinary grounds.