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SANJEEV SACHDEVA, MANOJ JAIN
Corporal Kumavat Sagar Nana – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner, inter alia, impugns policy dated 04.09.2017 titled `Permission to Appear in Entrance Exam' as also the Air Force order dated 4/23 titled `Discharge from Service on Compassionate and Other Grounds: Airmen & NCs(E)'. Petitioner, who was enlisted as Personnel Below Officer Rank (PBOR) on 03.04.2013 seeks leave from the respondent for pursuing the course "Masters in Business Administration (Hospital Administration & Healthcare Management) at Indian Institute of Management, Jammu. Learned counsel for the petitioner submits that the course is for a period of 24 months commencing on 22.07.2023.
2. Learned counsel for the petitioner submits that the petitioner is willing to avail of any admissible leave for the said purpose. Alternatively, he submits that he would be constrained to even take discharge from the Air Force for the purpose of joining said course. This he submits in view of the fact that undertaking the course would be highly beneficial for the petitioner and for his career progression.
3. Learned counsel for the petitioner submits that the petitioner had sought leave and/or discharge but no final decision on the application ha
Competence of the Armed Forces Tribunal to hear challenges to policies and decisions of the Air Force.
The court emphasized that any modification to the policy regarding permission for pursuing higher education could only be made by the Air Force and not by the Court.
Armed Forces Tribunal would be subject to jurisdiction of High Court in Article 226 – Tribunal subject to High Court’s jurisdiction under Article 226, cannot be permitted by law, to direct framing of....
The main legal point established in the judgment is the determination of the maintainability of the petition and the jurisdiction of the Armed Forces Tribunal to hear challenges to the vires of subor....
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