JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The petitioner, serving at the rank of Corporal with the Indian Air Force (IAF), upon being denied discharge from service, vide speaking order dated 26th December, 2019, to join as Assistant Professor (College Cadre) (Mathematics) with Department of Education, State of Haryana, has filed this petition (i) impugning the speaking order dated 26th December, 2019; (ii) impugning as arbitrary and unreasonable, Clause 6 of the Air Force Order (AFO) dated 8th December, 2017 bearing No.33/2017; and, (iii) seeking a writ of mandamus directing the respondents no.1 to 3 to issue discharge from service to the petitioner for joining the post of Assistant Professor (College Cadre) in the subject of Mathematics in Haryana.

2. The petition came up first before this Court on 17th January, 2020, when notice thereof was ordered to be issued. The petitioner, besides impleading the Union of India (UOI), Chief of Air Staff and Air Officer Commanding, had also impleaded Haryana Public Service Commission (HPSC) as respondent no.4 and the Principal Secretary, Department of Higher Education, Haryana as respondent no.5. On 12th February, 2020, the counsel for HPSC stated that HPSC had no role to play vis-à-vis the relief sought by the petitioner and in that view of the matter, HPSC was directed to be deleted from the array of respondents. The petitioner has filed amended memo of parties wherein the Principal Secretary, Department of Higher Education, Haryana continues to be a party, though none appears on its behalf. The respondents no.1 to 3 have filed a counter affidavit and to which a rejoinder has been filed by the petitioner. The counsels have been heard.

3. It is the case of the petitioner, that (i) the petitioner, after completing 10+2 education, applied for the post of Aircraftsman with the IAF and on being successful, was enrolled as Airman on 27th December, 2006; (ii) on 1st August, 2011, the petitioner was promoted to the rank of Corporal; (iii) the respondents encourage career progression for all Airmen and AFO No.14/2008 was introduced, providing for permission to Airmen to apply for civil posts / services under Central / State Government and Public Sector Undertakings in Group “A” or equivalent posts on completion of seven years of service with the IAF; (iv) thereafter AFO No.4/2012 dated 31st May, 2012 was issued, which laid down the eligibility and procedure with respect to Airmen, for grant of permission to apply for civil posts / services under the Central / State Government / Public Sector Undertaking as well as grant of NOC; as per the policy contained therein, any Airman who had completed seven years of regular service, was eligible to apply to any Group “A” post in Central / State Government / Public Sector Undertaking and made Airmen eligible for seeking discharge on being selected to the said post; (v) in supersession of earlier AFOs in force, AFO No.33/2017 was introduced, drastically changing the scenario for Airmen seeking better career opportunities; vide the said AFO No.33/2017, additional conditions on the eligibility criteria for applying in a civil post under the State and Central Government were introduced; (vi) on 25th September, 2017, Central University of Karnataka called for eligible candidates to apply for appointment inter alia to the post of Assistant Professor and the petitioner applied for permission to apply in response to the said advertisement and which permission was granted to the petitioner vide order dated 24th October, 2017; (vii) on 8th March, 2019, HPSC issued an advertisement for recruitment of Assistant Professors (College Cadre) in Higher Education Department, Haryana; the petitioner, on 14th March, 2019 sought offline permission to apply for the aforesaid civil post; however the respondents neither accepted nor denied the same; (viii) since the last date for app