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SCA/19797/2006 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 19797 of 2006
=========================================================
SANJAY
SIYARAM YADAV - Petitioner(s)
Versus
KAMPTEE
GUARDS REGIMENT CENTRE - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK R DAVE for
Petitioner(s) : 1,MR DIPAK D JOSHI for Petitioner(s) : 1,
None for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR. JUSTICE B.J.SHETHNA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 06/10/2006
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE B.J.SHETHNA)
Heard
learned counsel Mr.Joshi for the petitioner.
It
is the case of the petitioner that he was selected as Regiment and
joined training in the respondent-Army. Initially, he took basic
training of 19 weeks. On completion of basic training, he was not
able to pass the Rock Climbing Test. Therefore, he had to undergo
further training for 9 weeks. Thereafter, he gave the same test of
Rock Climbing, but again failed. Hence, once again he was sent for
further training of 9 weeks. On third attempt, he cleared the test
and qualified. Thereafter, he was sent for advanced training.
After completion of 13 weeks training, he was required to clear Ghoda
Jump test, but he failed due to injury received by him as stated by
him in the petition. Be that as it may. In second chance also he
could not clear it. Therefore, ultimately, Discharge Certificate
dated 30.5.2004 (Annexure-A) was issued by the respondent authority
on completion of 416 days of service in the Army. This is challenged
in this petition, after a period of more than 2 years.
Before
approaching this court by way of this writ petition, the petitioner
gave legal notice dated 30.11.2005 (Annexure-B) through lawyer, which
was replied by the respondent authority on 19.4.2006 (Annexure-C).
Considering
the fact that on previous occasion, the petitioner failed twice in
clearing the Rock Climbing Test and the second test of Ghoda Jump
could not be cleared by him even in second chance, therefore, the
learned counsel for the petitioner was hardly in a position to assail
the impugned Discharge Certificate at Annexure-A. On the basis of
the averments made in the petition, we are of the clear opinion that
no interference was called for in the matter when Discharge
Certificate was issued by the respondent authority in this case.
Only
point urged before this court was that when the respondent authority
found the petitioner not fit to continue as a Soldier and, therefore,
he was issued Discharge Certificate, then at least they could have
considered the case of the petitioner for posting him on any other
lower post than the post of Soldier. In support of his submission,
Mr.Joshi learned counsel for the petitioner placed on record order of
Rule issued by the Division Bench of this court in Special Civil
Application No.24051 of 2005 and submitted that in case of another
soldier ? Ashwinkumar Dalpatbhai Shrimali when the Division Bench
of this court admitted his petition and issued Rule, then this
petition should also be admitted.
It
is true that order of Rule was issued in Special Civil Application
No.24051 of 2005. Normal practice is to admit the petition when
another petition is already admitted on the same point. However, in
our considered opinion, no relief can be granted in the petition as
prayer for, for appointing the petitioner on lower post than the post
of Soldier. If the person is to be appointed on some other post,
then there is different procedure.
Under
the circumstances, we are of the considered opinion that this
petition cannot be entertained merely because another Special Civil
Application No.24051 of 2005 is admitted and pending for final
disposal.
In
view of the above discussion, this petition fails and is hereby
dismissed.
The
office is directed to place Special Civil Application No.24051 of
2005 for final disposal on 10.10.2006.
(B.J.SHETHNA,
J.)
(M.D.SHAH,
J.)
*pvv
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