Hemant Gupta, J. - (1.) THE petitioner has sought a writ in the nature of certiorari seeking the quashing of the order dated 30.11.2004 (P.6), whereby the candidature of the petitioner for consideration of permanent commission in the Army Medical Corps was declined. The petitioner has also sought a writ in the nature of certiorari for quashing of the order dated 6.10.2006 (P.8), whereby the claim of the petitioner for the grant of the rank of Lt. Col. was declined.
(2.) THE petitioner graduated from Armed Force Medical College, Pune i.e. MBBS in the month of December, 1989. She joined as Short Service Commission Officer in the rank of Lieutenant with effect from 25.10.1989 in Army Medical Corps at Pune. The petitioner did her internship at Military Hospital Ambala and was promoted to the rank of Captain with effect from 1.12.1990. She remained posted at Hisar, Nasik and was released from Short Service Commission on 31.3.1995 upon completion of her Short Service Commission tenure. The petitioner applied for Short Service Commission in pursuance of the advertisement issued in 1997. The petitioner was posted at Military Hospital at Panagarh, West Bengal in the rank of Captain vide letter dated 13.11.1997 after her selection. The petitioner was later posted at Jodhpur, Dimapur, Nagaland and in April, 2006, she has been transferred and posted at Military Hospital Ambala. The petitioner was due to be released from the service with effect from December 7, 2007.
(3.) THE case of the petitioner is that in advertisement (P.1), there was an unequivocal terms that on completion of two years of service of Short Service Commission Officer, the appointee would be eligible to apply for departmental permanent commission. Thus, it was alleged that the petitioner has a vested right to apply for permanent commission after completion of two years service thereof. It is pointed out that the terms and conditions of service are contained in Army Instructions 75 of 1978 for Officers granted Short Service Commission. It is the case of the petitioner that the Officer granted Short Service Commission are to be given three chances for taking up departmental examination for permanent commission at any time after completion of second year of Short Service Commission and before completion of 8 years service (third chance after completion of 5 years).;