K. Ramamoorthy, J. (Oral)

( 1 ). The writ petitioner was enrolled in the Indian Air Force in 26. 11. 1985. At the time when he joined the service he had passed all necessary examinations. Later on, in the year 1992 he accquired Engineering degree. Subsequently he acquired M. B. A degree in April 1996, from Pune University.

( 2 ). On 28. 02. 1997, the petitioner applied for premature discharge as he had completed the age of 30 years and having regard to his higher educational qualification, if he gets discharge he can get the better employment. According to the petitioner on the basis of the post he has held as he crossed 30 years. He is not eligible to be considered for commissioning. But according to the learned counsel for the respondents the petitioner can still apply for commissioning when he became a Serrgeant until he attains the age of 40 years. The respondents had filed annexure R-1 which is the instructions or guidelines for discharge of Airmen on Educational Grounds. Para 2 of the instructions read as under: The discharges granted so far under this policy were analysed recently to remove the disparties that have crept into it over the years. The policy decision taken in the light of this analysis is indicated below:

(A) Qualification: The academic qualifications prescribed for direct commissioning are laid down by Dte. of Personnel (Officers) at this HQ. A serving airman must have acquired the laid down qualifications with prescribed percentages of of marks/divison as applicable and must submit his application for grant of commission within one year of his acquiring the qualifications (i. e. Date of Mark Sheet/provisional Certificate, whichever is earlier ). This aspect is to be verified by the unit while forwarding the application for commissioning to this HQ (Dte of PO ). Airmen who fulfill the prescribed qualification and do not apply for commissioning within one year of acquiring such qualification are not eligible to seek discharge.

(B) Age AH 79/70 amended vide Corrigendum 14/74 relaxes upper age limit by four years for the airmen of the rank of Cpl. and below possessing prescribed qualifications over and above that prescribed for corresponding civilian candidates. Likewise, airmen of the rank of Sgis and above fulfilling the laid down eligibility conditions must apply for direct commissioning upto the age of 40 years, provided they have put in at least 10 years of swervice as on date of commencement of the course. Airmen, therefore, must become coverage within the permissible relaxed age limit for applying for discharge under this policy appropriate to their rank.

(C) Number of Attempts: Airmen, after acquiring requisite qualification vide (a) above and within the prescribed (relaxed) age limit must avail a maximum of three attempts to be selected for grant of commission, irrespective of as a Cpl and/or Sgt. The application for first attempt must be within one year of this acquiring the qualification vide (a) above and if he fails to qualify in the third attempt, he can seek immediate discharge from service within 6 months of availing the third chance vide (b) above.

(D) Sgts who acquire the requisite educational qualifications for Permanent Commission at an age which do not permit them to avail all three chances for commissioning, may opt for immediate discharge within six months of becoming overage, even if they do not avail the prescribed number of attempts vide (b) above.

(E) The grant of discharge is at the discretion of Air HQ.

( 3 ). Learned counsel for the respondents submits that the petitioner did not apply for commissioning within one year and one can apply for three times and he did not do it and therefore, the petitioner is not entitled to discharge. It is stated in the counter affidavit that the application for discharge was considered and rejected by the competent authority. The petitioner can appear for the commissioning upto the age of 40 years and the case of the petitioner that there is no opp

Click Here to Read the rest of this document