MOHANLAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as Medical Officer in the rank of Assistant Commandant in the Assam Rifles by an order dated 06.11.2003 and has reached the rank of Commandant w.e.f 17-11- 2016. The petitioner from the status of Medical Officer (Assistant Commandant) has been serving at different difficult posting places. The petitioner was given promotion to the rank of Commandant and he assumed charge as Commandant by a Charge Assumption Report dated 12-7-2017. After his promotion to the rank of Commandant along with two others, the petitioner was posted as Commandant (Medical Specialist) at Assam Rifles Nodal Hospital, IGAR (South), Mantripukhri, Imphal East.

(2.) Considering that many personnel of Assam Rifles were suffering from acute neurological disease/syndrome, the petitioner approached the authorities of Assam Rifles by preferring a representation dated 07-04-2018 wherein, he highlighted the circumstances leading to many neurological patients of Assam Rifles coming up every year and as there is not a single qualified Neurologist in the Assam Rifles organization, he requested for granting permission for appearing in NEET-SS and CET SS-2018 Examination. In the said representation, the petitioner also mentioned that the course would be for three years which can be granted under the provisions of Rule 32(1)(b) of the CCS (Leave) Rules, 1972 and the expenditure on such studies of the petitioner for the said course need not be borne by the Assam Rifles authorities and therefore, the case of the petitioner be considered for granting permission for appearing in the National Eligibility cum Entrance Test (Super Specialty) (NEET-SS) to be held in the month of May, 2018. The representation dated 07-04-2018 was also recommended by the Office of the Major General, IGAR (South) for permitting the petitioner to appear the National Eligibility cum Entrance Test (Super Specialty) (NEET-SS) to be held in the month of May, 2018 and in the National Board of Examination (CETSS) to be held in the month of December, 2018 and also sought permission from the competent authority for granting leave to the petitioner by recommendation letter dated 16-04-2018.

(3.) Thereafter, the Director General of Assam Rifles by a communication dated 23-04-2018 replied stating that the permission for appearing in the National Eligibility cum Entrance Test (Super Specialty) (NEET-SS Examination) cannot be granted as the study leave for pursuing P.G Degree/Diploma will be granted only once in the entire service career.