Judgment

S.N. Phukan, J.-This appeal is directed against the full bench deci­sion dated 24.12.1993 of the High Court of Himachal Pradesh in Civil Writ Petition No. 747 of 1991.

2. For the purpose of appreciating the points urged in this appeal we may briefly state the facts.

3. The respondent appeared in person before the High Court. In this Court though notices were issued he did not appear, hence the mater was taken up for hearing in his absence.

4. The respondent is a Havildar/Clerk in Indian Army and he was interested in prosecuting his studies further for obtaining higher educational qualifications such as post-graduation in law but he felt handicapped because of the provisions contained in Army Instruction namely Army Order No. 11 of 1987 according to which only Regular Commissioned Officers can be granted extra-ordinary leave subject to certain conditions and not persons like the petitioner, who is not an officer. Therefore, he challenged he said Army Order before the High Court on the grounds of discrimination, without any lawful basis etc.

5. Before the High Court the present appellants took the stand that study leave is granted to a Regular Commissioned Officer to get higher s