S.C.BAGARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, who is posted as a Havildar Clerk in the Indian Army has by filing this writ petition under Article 226 of the Constitution of India, challenged the vires of the Army Order No. 11 of H87, which permits the sanction of study leave only to all Commissioned Regular Officers of the Indian Army as discriminatory, and violative of Article 14 of the Constitution.

(2.) The petitioner joined the Indian Army on 26th December, 1977, as a Clerk and has thereafter served as such in various Formation Headquarters. He obtained military qualifications, such as map reading, Classification test etc. and passed the promotion cadre from Havildar to Naib -Subedar and completing Head Clerk Duties Course, He Jalo obtained civil qualification during his service career. He graduated in Arts from Dr. Hari Singh Gour Vishwa Vidyalaya, Sagar (M P.), in the year 1986 in first Division. During the year 1988, he did M A. in English from Bundelkhand University, Jhansi (U P.) and in 1992 obtained LL B degree from Jodhpur University, Rajasthan. The petitioner also completed two weeks Computer Course in Jodhpur University, which was organised by army authorities Being interested in prosecuting his studies further and obtaining higher educational qualifications, such as post -graduation in Law, the petitioner felt handicapped because of the provisions contained in Army instructions, as regards study leave, under which only Regular Commissioned Officers of the Army can be granted extraordinary leave known as study leave and not the persons like the petitioner. The instant writ petition was filed by him seeking to challenge the Army instructions concerning study leave rules, more particularly, Army Order No 11 of 1987 as highly discriminatory. It is the petitioners case that the exclusion of Junior Commissioned Officers and other Ranks from the provisions of study leave is inequitable and discrimination without any lawful and reasonable basis. Such exclusion from educational facility on the basis of rank structure is in violation of the provisions of the Constitution. Consequently, the relief prayed for by the petitioner is to extend the provisions for study leave under Army Order No. II of 198? also to Junior Commissioned Officers and other Ranks of the Indian Army.

(3.) On notice being issued, the respondents filed the return on the affidavit of Col K. Mohinder Singh, Colonel ˜A of Headquarters Punjab, Haryana and Himachal Pradesh, Shimla. It is stated in the return that study leave is granted to enable a Regular Commissioned Officer to undergo higher studies, having a direct and close connection with the spheres of his duties. The instructions provide for grant of study leave for those non -academic courses of study, which would enhance the usefulness of a Regular Commissioned Officer in the Organisation. It is further stated that the charter of duties of Junior Commissioned Officers and Non -Commissioned Officers are different, as compared to that of Regular Commissioned Officers. In case of Junior Commissioned Officers and Non -Commissioned Officers, it does not warrant enhanced knowledge, in connection with the charter of their duties Higher education, if considered necessary for Junior Commissioned Officers aad other Ranks is imparted through number of Army Courses, which are conducted by various training establishments of the Army. Thus, there is no requirement of granting any study leave to Junior Commissioned Officers and ether Ranks for enhancing their knowledge, for the benefit of Organisation. It has also been pleaded that the matter of grantor refusal of study leave is purely discretionary and cannot be made subject matter of adjudication in exercise of the writ jurisdiction of the High Court. Conditions of service of Regular Commissioned Officers, Junior Commissioned Officers and other Kanks are different and there h no question of discrimination, as alleged by the petitioner.