UNION OF INDIA Vs. MOHD YASIN ANSARI

JUDGEMENT

(1.) We are in respectful disagreement with the majority of the reasons given and the order passed by the Hon'ble Single Judge, who disposed of on the 6th of February, 2006 several writ petitions.

(2.) In regard to the writ petitions which were dismissed by his Lordship, we are in full agreement with the order passed and the reasons given and these dismissed writ petitions need not be considered once again since no appeals have been filed by or on behalf of the writ petitioners themselves.

(3.) We are concerned only with four writ petitions in each of which relief was granted and in each of which case an appeal has been filed by and on behalf of the Army, i.e., the Union of India. Before we come to the individual cases, which all concern discharge of the writ petitioners from the combatant forces on the ground of unfitness, we have to remove out of track one issue on which a lot of time was spent in the Court below and a lot of time unfortunately was also spent before us.