Delhi High Court
Maj Yugan Prakash (Retd) vs Union Of India And Another on 29 August, 2022
$~55
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.08.2022
+ W.P.(C) 12286/2022 and CM No.36881/2022
MAJ. YUGAN PRAKASH (RETD.) ..... Petitioner
versus
UNION OF INDIA AND ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rajiv Manglik, Advocate
For the Respondents : Ms. Monika Arora, CGSC with Mr. Kaushal
Jeet Kait, Govt. Pleader
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks quashing of para 16(c) of Information Bulletin-
2022 for admission to PG Seats under Armed Forces Medical Services
(AFMS) Institutes to the extent that it allows priority of the Civilian
employed Doctors over and above the Ex-servicemen.
2. Learned counsel for the Petitioner submits that as per the
Information Bulletin, one of the aims and objective is to maintain a
reserve pool of Specialist Medical Officers by offering Post Graduate
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:02.09.2022
17:37:48
courses to Ex. Short Service Commissioned officers who are on the
reserve lists of AFMS.
3. Learned counsel submits that a lower priority has been given to
Ex. Short Service Commissioned AMC Officers than civilian officers
and the same is contrary to the very aims and objectives of the policy.
4. Learned counsel further submits that this issue was escalated
and an interaction with the Chief of Army Staff and the same is under
consideration.
5. First Information Bulletin referred to by the learned counsel for
the Petitioner in Priority 16 reads as under :-
(a) Priority-I - AFMS Officers detailed on advance
specialist course/other courses as per guidelines of
NMC/NBE.
(b). Priority-II - Foreign students sponsored by
Government - On approval of DGAFMS/MoD/MEA
subject to conditions laid down by the Govt. of India.
(c). Priority-III - Medical officers sponsored by Para
Military Organization/other Govt. of India organization.
Sponsorship certificate mentioning the subjects for
sponsorship by the sponsoring authority is mandatory
requirement for the candidate to be considered for
counseling.
(d). Priority-IV - Ex.SSC AMC Officers released from
service after completion of contractual service and
within three years after their release from service. The
date of release should not be before 01 May 2019 or
after the date of AFMS counseling for the NEET PG
2022 session...."
6. Priority-III as per the Bulletin is to be given to Medical Officers
sponsored by Para Military Organization/other Government of India
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:02.09.2022
17:37:48
Organization and Priority-IV is with regard to Ex. Short Service
Commissioned AMC officers released from service after completion
of contractual service and within three years of their release from
service.
7. It is observed that the decision on which category of officers or
individuals are to be given priority for the purpose of allocation of
Post Graduate Seats is a matter of policy to be decided by the
Competent Authority. In the instant case, the Competent Authority has
decided to accord priority to Medical Officers sponsored by Para
Military Organization and other Govt. of India Organization and the
Ex. Short Service Commissioned AMC officers has been given one
priority lower than the said officers. Same being a policy decision, it is
not for the Court to interfere with the same or to decide as to what
priority should be accorded to a particular category of officers.
8. Furthermore, it is noticed that when a grievance was raised by
the Petitioner with the Chief of Army Staff (COAS), response that was
received, was that the case is being looked into at an appropriate level
and the order of priority has been fixed as per MoD letter dated
06.03.2013.
9. This clearly indicates that the same policy has been in vogue
since the year 2013. Further the response from COAS is that the case
has been taken up with the MoD D Med. to interchange the priority to
be given and the same is awaiting approval from MoD. This shows
that the grievance of the Petitioner is also being looked into by the
Competent Authority.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:02.09.2022
17:37:48
10. Learned Counsel for the Petitioner further submits that since the
matter is under consideration of the Competent Authority, Competent
Authority be directed to decide the same in a time bound manner. We
are not inclined to accept this submission for the reason that the Chief
of Army Staff has promptly responded to the Petitioner and escalated
the matter to the Competent Authority which shows that the
Competent Authority is alive to the situation. As such, no ground is
made out to issue any direction of said nature in this regard.
11. Since the issue raised by the Petitioner pertains to a policy
decision, this Court is not inclined to entertain the petition.
Furthermore, as noticed from the response given by the COAS, matter
is also under active consideration of the Competent Authority, hence
we are of the view that there is no merit in the petition. Petition along
with the application filed herewith is dismissed.
12. Order dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
AUGUST 29, 2022
yg
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:02.09.2022
17:37:48
