JUDGMENT

S.L. Bhayana, J. The present writ petition has been filed by the Petitioner under Article 226 of the Constitution of India, for appropriate writ, order or direction for quashing the order dated 15th December 2008 as illegal, arbitrary and malafide, and for directing the Respondents to grant the Petitioner permission to join the fellowship programme which is the subject matter of this writ petition.

2. The prefatory facts building up the factual edifice would be essential. The Petitioner is Lieutenant Colonel in the Armed Medical Corps. The Petitioner completed his M.B.B.S. and joined the Armed Medical Corps (AMC) in the year 1986. The Petitioner claims that he has been serving AMC for 22 years with utmost dedication, devotion and missionary zeal and has received various commendations and awards from time to time for his excellence.

3. The Petitioner completed post graduation being masters of Surgery (General Surgery) from Armed Forces Medical College, Pune. Thereafter, in 2001, the Petitioner cleared the super-specialty entrance examination of All India institute of Medical Sciences (AIIMS) and on that basis he was selected to do the MCh Urology Course. While doing t