COL J S TOMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) As prayed by the learned counsel appearing for the parties, this Civil Rule has been taken up for hearing. The present Civil Rule has been filed by Col. JS Tomar on behalf of his son Sri Manish Tomar for a relief that his son should be admitted in the Officers' Training; Academy at Madras as he has qualified himself in the examination which has been taken in pursuance of the Notice dated 12-18 November, 1994 made by the Union Public Service Commission holding combined Defence Service Examination May, 1995.

(2.) We have heard Mr. S. Ali, learned counsel for the petitioner and Mr. K.N. Choudhury, learned Senior Central Government Standing Counsel appearing for the Union of India who has produced before us the original records also in this case.

(3.) The short question which arises for determination in this case is as to whether the son of the petitioner Sri Manish Tomar possessed qualifications in pursuance of the advertisement/Notice referred to above made by the Union Public Service Commission and was being wrongly denied admission by the respondents to the Officers' Training Course even though he had been selected in the examination which had been conducted by the U.P.S.C. Learned counsel for the respondents Mr. Choudhury has admitted that this is a fact that the petitioner's son had qualified in the examination. The only point which has been taken by the counsel for the respondents for not giving admission is that the petitioner's son while filling the form had made a false declaration and in pursuance of the advertisement he did not possess the educational qualification entitling him to apply in pursuance of the advertisement made by the U.P.S.C.