IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT APPEAL NO : 1071 of 1997 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18-06-1997 in W.P.No.1469 of 1997 on the file of the High Court.) Between: Captian T.Ajay Chakravarthy, son of Sri T.S.sastry, aged about 26 years, working as Medical Oficer, 321, Field Amubulance (Fd.Amb), C/o 99, Army Post Office. ..... APPELLANT AND 1. Union of India, represented by its Secretary Defence, New Delhi. 2.Adjutant General, Army Head Quarters, New Delhi. 3. D.G.M.S.Army, Army Head Quarters, New Delhi. 4. D.D.M.S., Head Quarters, Eastern Command, 4th William, Calcutta-700 021. .....RESPONDENTS. Counsel for the Appellant: MR.V.JOGAIAH SARMA Counsel for the Respondent No.: MR.A. RAJASHEKAR REDDY (SC FOR CG) The Court made the following : JUDGMENT: (Per Sri Justice G.Bikshapathy) This Writ appeal is filed assailing the order passed by the learned Single Judge in W.P.No.1469 of 1997, dated 18-6-1997. 2. The appellant is the writ petitioner. He secured admission in M.B.B.S. in Army Medical College in 1989 and accordingly he graduated the same in 1994. Thereafter, he was granted commission in the Army with effect from 29-6-1994. But, however, within a short time he filed an application for release from the Army and the said application was refused by the authorities on 4-12-1995. Against the said order, earlier he filed Writ Petition No.21322 of 96 which was allowed by this Court on 28-11-1996 and the authorities were directed to give reasons for rejection. Subsequently, another order came to be passed on 12-12-1996. The said order came to be challenged in W.P.No.1469 of 1997. The learned single Judge however refused to interfere with the orders passed by the authorities but gave an opportunity to the petitioner to make application afresh in accordance with regulations and the authorities are directed to consider the same keeping in view the rule position. The said order came to be challenged in this writ appeal. 3. The learned counsel for the appellant submits that there are any number of instances where the officers were released within a period of five years after joining the Army and the petitioner was unduly discriminated and therefore the order is wholly arbitrary and discriminatory. 4. We have heard the learned counsel for the Central Government also. 5. We have gone through the Judgment of the learned single Judge and we do not find any illegality or irregularity in the order passed by the Tribunal. In as much as the petitioner was already given an opportunity to make a fresh application, it cannot be said that the petitioner is in any way prejudiced with the order of the learned single Judge. 6. In these circumstances, we do not find any ground to interfere with the order passed by the learned single Judge. 7. Accordingly, the writ appeal is dismissed. No costs. However, if the appellant has not made out any such application as directed by the learned single Judge, it is open for him to make a fresh application to the authorities in accordance with rules and the authorities may consider the same and dispose of accordingly. (G.BIKSHAPATHY,J) (B.SESHASAYANA REDDY, J) Dated 1st December, 2004. To 1. The Secretary Defence, The Union of India, New Delhi. 2. The Adjutant General, Army Head Quarters, New Delhi. 3. D.G.M.S.Army, Army Head Quarters, New Delhi. 4. D.D.M.S., Head Quarters, Eastern Command, 4th William, Calcutta-700 021. 5. Two CCs. to Standing Counsel for CG, High Court Buildings, AP High Court, Hyderabad. 6. Two CD copies. THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT APPEAL NO : 1071 of 1997 1st December, 2004