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SANJEEV SACHDEVA, MANOJ JAIN
Corporal Kuma Vat Sagar Nana – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order dated 21.07.2023, whereby the interim application filed by the petitioner before the Armed Forces Tribunal, Principal Bench, New Delhi, seeking grant of permission to take admission at Indian Institute of Management, Jammu for higher education, was declined. Petitioner, who is an Airman in Indian Air Force, had applied for permission for appearing in the Common Aptitude Test (CAT-2022), however, the application for permission was not processed on the ground that the same was not permissible in terms of the policy of the Air Force. Despite that, petitioner took the test and claims to have qualified the same and has secured admission in the course.
2. Petitioner seeks leave from the respondent and in the alternative discharge from the Air Force for pursuing the course. It is contended by learned counsel for petitioner that the course is required for his career progression.
3. Petitioner had filed a writ petition before this Court, which was transferred to the Armed Forces Tribunal, whereby petitioner had sought to challenge the policy of the respondent whereby permission is being denied to the petitioner for pursuing
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.
Competence of the Armed Forces Tribunal to hear challenges to policies and decisions of the Air Force.
The court established that probationers may be granted study leave under extraordinary circumstances, despite general restrictions, and that differential treatment of similarly situated individuals i....
The grant of study leave should be in the interest of the working of the Department or the service to which the Government servant belongs, and once entitlement for grant of study leave in the intere....
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