ANIL KUMAR - (1.) , J.
(2.) THE petitioner, a Naib Subedar in the Indian Army, has sought a writ of certiorari seeking quashing of Regimental Headquarter Inter Office Note of 112 Engineer Regiment dated 20th March, 2012 holding that the petitioner cannot be considered for inclusion in Board Proceedings for UN Mission, as the Board of Officer has already finalized on 21st January, 2012 the names of the persons who have to proceed on the United Nation Mission which has also been counter signed by the GOC 9th Infantry Division by order dated 27th January, 2012. THE petitioner has also sought direction to the respondents to allow the petitioner to join the team selected for UN Mission for Sudan, as being qualified and 8th in the order of merit as per merit list attached with the writ petition. The grievance of the petitioner is that he has been discriminated and favouritism has been shown by the respondents in selecting the persons for UN Mission at Sudan, as the petitioner, a Naib Subedar, has been deprived of going to UN Mission at Sudan though he is at No.8 position in the merit list. The petitioner disclosed that he was enrolled on 27th March, 1985 in the Corps of Engineers and he has been working with sincerity and dedication. The petitioner asserted that he had been promoted to the post of Naib Subedar. The petitioner disclosed that Army Headquarter SD Branch by letter dated 12th January, 2012 directed 112 Engineer Regiment to dispatch a Company from the unit to replace the earlier team at UN Mission deployed at Sudan.
(3.) THE petitioner alleged that Screening Board on 18th January, 2012 had screened the Army personnels in the Regiment and a merit list was drawn. In the screening, the petitioner secured 59 points. THE petitioner alleged that though he has secured 59 points, however, as an act of favoritism, the name of Subedar Paramjit Singh at merit position No.11 with 54.75 points has been included and the petitioner was verbally intimated that his premedical examination documents were misplaced and on such a plea his name has been excluded. THE petitioner asserted that premedical examination qualification is required not for UN Mission, but for promotion to the rank of Naib Subedar which rank has already been given to the petitioner more than a year ago. The petitioner further disclosed that he underwent another medical examination at MH Meerut and he was found fit and in Shape-I right from the date of his enrollment. The petitioner, in the circumstances, contended that even on the date of his screening for short-listing the Army Personnels for UN Mission, he was in the medical category Shape-I. The petitioner contended that he made an application to the Commanding officer on 13th March, 2012, and reiterated that he is still in Shape-I, and therefore, he is fit to go to the UN Mission at Sudan. The petitioner alleged that he was intimated by the Inter Office Note dated 20th March, 2012 that the proceedings of the Board were finalized on 21st January, 2012 which has been affirmed by the GOC 9th Infantry Division on 27th January, 2012, and therefore, the name of the petitioner cannot be included.;