KAUSHALENDRA ARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution of India the Petitioner who was attached with 6 Mahar (Borders) Regiment of Indian Army as Nayak Subedar (RT), has impugned the validity of the order of the Director Recruiting (ORB) under letter No. A/10064/JAL/Trg/5/(OR)(E) dated 29th April, 1993 (Annexure-4) whereby the Commandant of the Mahar Regimental Centre has been directed to arrange discharge of the Petitioner from Army service under the purported exercise of power under Army Rule 13. The Petitioner further challenges (Annexure 9), the order issued by Mahar Regiment Abhilekh Karyalaya Records, Mahar Regiment, Saugar (M.P.) through the Senior Records Officer dated 26th June, 1993 to the unit concerned, intimating that the Petitioner shall be discharged from service pursuant to Annexure 10. The Petitioner was appointed as JCO (R.T.) (Pandit) following an advertisement in 1990 for recruitment of Religious Teachers (Pandits and Granthis) in the Army. According to that advertisement, the qualification for eligibility for the aforesaid posts was as follows:

(2.) It is evident from the advertisement (Annexure 1) that the minimum educational qualification for appointment was graduation in any discipline from a recognised University. In addition, candidates were required to possess qualifications applicable to the category of religious denomination of the individual. In the Petitioner's case, this was Madhyama in Sanskrit or Bhushan in Hindi or equivalent standard in the regional language concerned. There is no dispute that the Petitioner possesses the latter qualification. The main dispute is whether the Petitioner was graduate in any discipline from a recognised University

(3.) The Petitioner had passed Shastri examination from Guru Nanak Dev University, Amritsar, Punjab. This degree is recognised as equivalent to Bachelor of Arts degree by the Govt. of India and other States like Madhya Pradesh, Delhi etc. The Petitioner had filed his degree when he applied for recruitment in the Army. On being found eligible after initial screening including checking of the original educational certificates and medical examination, the Petitioner was issued a call letter by the Zonal Recruiting Officer, Jallundar. The Petitioner was thereafter allowed to appear in the written examination held on 14.4.1991. He qualified in the written test and was called for interview. He again produced all the original documents regarding educational qualifications. The Petitioner was duly selected for appointment as religious teacher i.e. (R.T.) J.C.O. (Pandit) in the Mahar Battalian of the Indian Army at Saugar (M.P.).