MOLID ARSHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) PRAFULLA C. Pant, J. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus com manding the respondents to give him join ing in the Army as G. D. soldier.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that the respond ents got published advertisement for recruit ment of G. D. soldiers in the month of Sep tember, 2003 in response to which, since the petitioner fulfilled the minimum quali fication, he reached at the recruitment center on 29. 9. 2003 and under went medi cal and physical tests and cleared the same. On the same day the petitioner appeared for the written examination, and was de clared successful in the written test as well. In response to the selection letter dated 28. 11. 2003 (copy Annexure-3 to the writ petition), the petitioner submitted his docu ments for verification before the Branch Recruiting Office at Almora, which included the Character Certificate, Caste Certificate and Domicile Certificate (copy Annexure 4 to this writ petition ). At the time of veri fication of documents, the respondents de manded certificate of permanent residence for 40 years which was not the requirement in the advertisement. As such the petitioner has alleged that he is deprived from join ing the Indian Army illegally and arbitrar ily hence the writ petition.

(3.) THE short question for considera tion before this Court is whether, the peti tioner is wrongly denied from joining in the Indian Army by the respondents.