Bhavesh Rana vs Union Of India & Ors.

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+               WRIT PETITION(CIVIL) No. 4884/2017

                                          Date of decision: 29th May, 2017

        BHAVESH RANA                              ..... Petitioner
                    Through Mr. Vijay Dahiya, Advocate alongwith
                    petitioner in person.
                    versus
        UNION OF INDIA & ORS.                       ..... Respondents
                      Through Mr. Ajay Digpaul, CGSC & Ms.
                      Madhuri Dhingra, Advocate for UOI.
        CORAM:
        HON'BLE MR. JUSTICE SANJIV KHANNA
        HON'BLE MS. JUSTICE PRATHIBA M. SINGH"

SANJIV KHANNA, J. (ORAL):

        Bhavesh Rana, in this writ petition, seeks parity and similar
treatment as has been given, vide decision dated 29 th March, 2017 passed
by the Punjab and Haryana High Court in Civil Writ Petition No.
16209/2015 (O&M), Vishu Jain versus Union of India and Others.
There are two differences between the said petitioner and the case set up by
the present petitioner. The case of Vishu Jain would show that the said
candidate had challenged the failure of the respondents to accommodate
him in Indian Army once he was declared medically unfit to join Indian
Navy. The petitioner therein had relied upon precedents in form of two
other cases where candidates who were declared unfit to join Indian Navy
were given appointments in Indian Army.          In the present case, the
petitioner had participated in the selection process and was declared
medically unfit for joining Indian Navy on 17 th September, 2016. The
present writ petition has been filed on 27th May, 2017.           There is
considerable time gap between 17th September, 2016 and the petitioner's

W.P. (C) No. 4884/2017                                            Page 1 of 2
 request dated 21st April, 2017.
2.      In response to the petitioner's request for being considered for the
Indian Army, the respondents have clarified the position vide written
communication dated 8th May, 2017. It is expressly stated that there were
90 vacancies advertised in the Indian Army and these vacancies have been
filled up by the aspirants, who were selected. The said letter also records
that 10 candidates, who were in the selection list, were merited out due to
shortage of vacancies. We may point out that there were separate selection
processes for the Indian Army and Indian Navy. We also note that the
training course for Indian Army has already commenced in January, 2017.
3.      In these circumstances, the case of the petitioner to be
accommodated in the Indian Army once he was declared medically unfit to
join Indian Navy, at this belated stage and as vacancies in the Indian Army
are not available, is unacceptable. We do not think that the petitioner can
be given any relief.
4.      The petitioner, it is stated, has now appeared for selection in the
Indian Army as he wants to join the same. The aforesaid decision would
not affect the chances of the petitioner as far as his appearance for selection
in the Indian Army is concerned.

                                              SANJIV KHANNA, J.

PRATHIBA M. SINGH, J. MAY 29, 2017 VKR W.P. (C) No. 4884/2017 Page 2 of 2