Judgment

This instant writ petition is directed against the re-commendation for medical examination of the petitioner and subsequent re-commendation of the medical board which is at Annexure-IV of the writ petition.

2. The petitioner's case in a nutshell is that:

The writ petitioner challenges the impugned order dated 28.04.2010 whereby Release Medical Board (RMB) recommended the name of the petitioner for release from service due to his placement in Low Medical Category i.e. P2 (Permanent), whereas in as much as 54 personnel of the same unit/battalion who were placed in low medical category P2 (Permanent) and suffering from more complicated diseases has not been referred before the release medical board, rather those 54 personnel of the unit have been allowed to continue in service by the Commandant of the unit, moreover large nos. of personnel of the same unit who are even placed in Low medical category i.e. P3 (Permanent) also allowed to continue in service without refereeing them to the release medical board, as such petitioner is meted out with hostile discrimination and such action of the respondents also in violation of Article 14 of the Constitution. Hence