VINIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED counsel for the respondents has produced the relevant record with respect to the issue raised in the writ petition and it is agreed between learned counsel for the parties that formal counter affidavit need not be filed and the writ petition could be decided with reference to the record which has been produced.

(2.) THE undisputed position is that there exists a policy of the Indian Army to recruit Junior Commissioned Officers in the Indian Army under the "Relationship Category", meaning thereby certain percentage of appointments is restricted to those prospective candidates whose father or brother is serving the Indian Army.

(3.) THE petitioner applied for being enrolled as an SOL Clerk in the Indian Army claiming to be the younger brother of Naik Arvind Kumar, who admittedly is serving under the Indian Army as a Naik. The record of the respondents would show that when Arvind Kumar (the person whom the petitioner claims to be his elder brother) joined the Indian Army as a Naik with the Mahar Regiment Centre he disclosed that he was a resident of village Bhainswal in District Shamli, Tehsil Shamli in the State of Uttar Pradesh and that his father's name was Desh Pal Singh and his mother's name was Kamla Devi. He filed, in proof of his claim, a certificate issued by the Board of High School and Intermediate Education U.P. of having cleared the Intermediate Examination. The said certificate records his name as Arvind Kumar, son of Kamla Devi and Desh Pal Singh.