ORDER

Arijit Pasayat, J. — Union of India calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court allowing the writ petition filed by the respondent. By the impugned judgment, High Court directed the present appellant to grant the writ petitioner a permanent commission. It was further directed that alternate employability was to be given, keeping in view his medical fitness.

2. Background facts in a nutshell are as follows:-

The respondent was granted Short Service Commission with No. 13 Helicopter Short Service Commission Course on 19.2.1993. His initial terms was for ten years as per terms and conditions of service. In February 2001, he was considered for grant of permanent commission. The suitability assessment consisted of minimum demonstrated performance and medical fitness. The former was to be gauzed from the grading in the confidential annual reports for the previous three years and on the basis of mandatory qualities like professional knowledge, job proficiency integrity, loyality, dependability, sense of responsibility, courage (mental and physical), bearing and demeanour. For grant of permanent commission, a minimum average of 6.5 in