JUDGMENT :

Rajnesh Oswal, J.-The petitioner has claimed the following reliefs through the medium of the present writ petition:

a. Certiorari, seeking to quash communication No. 00226/2/A1 dated 13/12/2011, from the then Commanding Officer, 106 Inf Bn (TA) PARA, addressed to the petitioner, whereby and whereunder, it has been conveyed to the petitioner that since the petitioner is serving in J&K Police, as such, the petitioner became ineligible for grant of Commission in Territorial Army by virtue of Para No.126 (C) of Territorial Army Regulations 1948 (Revised Edition 1976).

b. Mandamus, commanding the respondent Nos. 1, 2, 4 and 5, to allow the petitioner to join as Commissioned Officer in the rank of Lieutenant in the Territorial Army in terms of communication No. 84881/273/TA-4 dated 19.10.2011, with consequential benefits of higher rank and other financial benefits, which would have accrued to the petitioner, had the petitioner been allowed to join the Territorial Army, pursuant to his commissioning in the said Army, with further direction to respondent No. 3, to relieve the petitioner from the service of the J&K Police, as and when required by the Territorial Army, while being gainfully employed in J&K Police.

Facts:

2. The petitioner after completing his B.Sc. Part-II examination, got employment in the Merchant Navy and remained in the employment till 2010. In the meanwhile, the petitioner completed his B.Sc. (Electronics) from University of Jammu. After acquiring qualification of graduation, while the petitioner was working in Merchant Navy, he in response to Advertisement Notice issued by the Territorial Army in the year 2009-10, applied for grant of commission in the rank of Lieutenant in Territorial Army. As per the notice, only such male citizens of India and Ex-Service Officers of the three services, who were medically fit, aged between 18 to 42 years as on 15.03.2010 with the qualification of graduation from the recognized University and those gainfully employed in the Central Government, Semi-Government/private firm/own business could apply. It was nowhere provided in the said notice that the applicant should not have been gainfully employed while working in the State Police. During the period of ongoing selection process for grant of commission in the Territorial Army, the petitioner was selected as Deputy Superintendent of Police and appointment order was issued in favour of the petitioner vide Government Order dated 08.04.2011. The petitioner joined Jammu and Kashmir Police, as Deputy Superintendent of Police on 13.04.2011. The petitioner was also selected for grant of commission in the Territorial Army with effect from the date, the petitioner reported for training and petitioner was intimated vide communication bearing No. 84881/273/TA-4 dated 19.10.2011 from the office of respondent No. 4. The petitioner was also informed that he was posted to 106-Inf. Bn(TA) PARA and was directed to report to the said unit by 17.12.2011. After the receipt of the said communication, the petitioner represented before respondent No. 5, vide letter dated 25.11.2011 that the petitioner was undergoing Police Officers training at Udhampur and that the petitioner has been approved to undergo military training in 16-Corps Battle School Sarole, Rajouri, which was scheduled to commence from 24.12.2011 and that the military training in Battle School Rajouri be considered as military training under Territorial Army Rules and in terms of 19 (e) of the Territorial Army Rules, 1948, the petitioner be exempted from recruit training. The further request was made that the joining of the petitioner in the Territorial Army be considered with effect from 24.12.2011, when the petitioner had to join the military training in Battle School Rajouri. While the petitioner was awaiting completion of his Police training, he received impugned communication dated 13.12.2011 where by then Commanding Officer 106-Inf.Bn (TA) PARA who, by misreading and misint