On 3rd September, a bench of Delhi High Court consisting of Justice Navin Chawla and Justice Manmohan while hearing a writ petition, held that where the resignation is accepted and approved by the Commandant, intimation thereof has to be sent to the Recruiting Directorate Army HQ to ensure that a replacement is sent to the Academy within the stipulated joining period and the vacancy created due to the resignation is not wasted. It also stipulates that such intimation has to be sent along with certificate regarding refund of training cost and allied cost. Therefore, mere acceptance of resignation may not be sufficient to consider creation of a vacancy for being filled up from the cadet in the waiting.

Facts of the case:

The writ petition has been filed by the petitioner praying for a direction to the respondents to issue a joining letter to the petitioner allowing him to join the pre-commission training at the Officers Training Academy Chennai as a Gentlemen Cadet against the 6th vacancy allotted to the 25th Course of JAG Entry Scheme.

Contention of the petitioner:

The learned counsel for the petitioner submitted the following:

  1. It was submitted that as the vacancy had arisen on the 18th day, the respondents should have offered the joining letter to the petitioner in terms of the above instructions.
  2. It was also submitted that delay on part of the Commandant, OTA in informing the Directorate Admission of this vacancy cannot prejudice the petitioner as the petitioner had a right to be offered this vacancy.
  3. It was contended that in the present case, the petitioner should be allowed to undergo the training against the vacancy of January, 2021 and therefore, it is not a case of carry forward of the vacancy and/or the petitioner joining against the vacancy of another course.

Contention of the respondent:

The following contention has been submitted by the respondent:

  1. It was submitted that the training for the successful candidates commenced with effect from 11.01.2021. The quarantine period with effect from 11.01.2021 was included in the training period as in this period the training was conducted online through the issue of handouts, precis and distance learning.
  2. She further submitted that that in terms of Paragraph 56(d) of the HQ Army Training Command Letter No.93506/PCT dated 19.07.2018, once the resignation of a Cadet is accepted and approved by the Commandant, the same has to be intimated by signal followed by a letter to be sent to the Recruiting Directorate Army HQ to send the replacement to the Academy.
  3. She further submitted that a vacancy against the resignation post does not arise merely on acceptance of resignation of the Cadet, as in terms of Paragraph 59 of the administrative instructions mentioned hereinabove, a Cadet has an option to initiate the application for reinstatement within 30 days of submission of application for resignation.
  4. The learned counsel for the respondents also submitted that there is no provision for reserving vacancy for a candidate of one course to the next course and therefore, the petitioner cannot be considered for the next course.

Observation and judgment of the court:

The Hon’ble bench of the court observed the following::

  1. Where the resignation is accepted and approved by the Commandant, intimation thereof has to be sent to the Recruiting Directorate Army HQ to ensure that a replacement is sent to the Academy within the stipulated joining period and the vacancy created due to the resignation is not wasted.
  2. Mere acceptance of resignation may not be sufficient to consider creation of a vacancy for being filled up from the cadet in the waiting.
  3. The period of allowing induction belatedly is for the benefit of the respondents so as to ensure that no vacancy is wasted. It is settled law that successful candidates, even if there is vacancy, do not acquire any indefensible right to be appointed; their only right is to be considered for appointment, though at the same time the appointment cannot be denied arbitrarily and whimsically.

Therefore, the court held that the plea of the petitioner that he be allowed to join the training to the next course could not also be accepted as the respondents have explained that there is no procedure of carrying forward of a vacancy to the next course.

Thus, the writ petition was dismissed.

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