SANJAY KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) In this petition for a writ of certiorari, the petitioner has called in question an order dated 29th January, 2004 issued by the Armoured Corps Centre and School, Ahmednagar whereby the petitioner has been held ineligible for enrollment and his candidature for military service cancelled on account of a variation found in the documents furnished by the petitioner and those maintained by the Record Office in the Army. The controversy arises in the following background:

(2.) The petitioner s father is an ex-serviceman. For recruitment to the Indian Army, the respondents have provided for what is described as Unit Headquarter Quota meant for eligible wards of retired/serving soldiers. The reservation is a welfare measure for those who are serving or have served the Indian Army.

(3.) For enrollment in the Indian Army in October, 2003, the petitioner applied against a vacancy of a clerk under UHQ quota. According to the priorities for different categories falling in UHQ quota, sons and grandsons of serviceman/ex-serviceman fall in priority No. 2. A written examination was also taken by the petitioner who qualified the same. In the process of selection, however, the respondents found a discrepancy in the date of birth as mentioned in the matriculation certificate produced by the petitioner in support of his claim and that mentioned in the Sheet Roll of his father maintained by the Record Office of Army. While the matriculation certificate furnished by the petitioner mentioned 15th May, 1982 to be his date of birth, the entry made in the Sheet Roll by the Record Office showed the petitioner s date of birth to be 10th September, 1984. There was, in that view, a discrepancy of more than 2 years in so far as the petitioner s date of birth was concerned. This was held by the respondents to be a major discrepancy keeping in view the instructions issued by the Army Headquarter resulting in the rejection of the petitioner s candidature for enrollment against the reserved category. He was accordingly shifted to the open category where he did not appear for the written examination. Aggrieved by the cancellation of his candidature against the reserved category, he has filed the present writ petition for a certiorari, as noticed earlier and also for a mandamus directing the respondents to enroll him for service as a clerk in the Army with consequential benefits.