THE UNION OF INDIA Vs. JAGDISH SINGH JADAUN

JUDGEMENT

(1.) THE respondents in W.P. No. 7881 of 2001 filed this Writ Appeal challenging the order dated 09.12.2005 rendered by the learned Single Judge in the Writ Petition.

(2.) THE respondent herein joined the Indian Army as a Soldier in the year 1992. Over the period, he earned promotions and became Junior Commissioned Officer. Process for Special Commissioned Officer was initiated in the year 2000. The respondent appeared in the examination conducted by the Service Selection Board and was qualified therein. He was recommended for training in the SCO -6th batch. That was to be preceded by medical examination by the nearest Medical Hospital.

(3.) ON the basis of the certificate issued by the Appellate Medical Board, the respondent approached the concerned authority through representation dated 07.11.2000. The second appellant herein addressed a communication dated 30.08.2000 to the effect that the respondent can be inducted into SCO -7th course, which would commence in November, 2000. The respondent was required to furnish certain undertaking in this behalf and the same was complied with. Thereafter, the second appellant issued communication dated 14.11.2000 informing the respondent that he cannot be inducted into SCO -7th course, since he was selected for the SCO -6th batch. Feeling aggrieved by the same, the respondent filed the Writ Petition.