Father’s ambition does not define the standards for selection as a Commissioned Officer in Indian Army: Delhi HC

It is not a father’s ambition that defines the standards for selection as a Commissioned Officer in the Indian Army, said the Delhi High Court as it refused to pass a direction to the Indian Military Academy (IMA) to take back a candidate who lacked the temperament to adapt to military lifestyle. (Dhruv Jhakhar vs UOI).The order was passed by a Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon..The Petitioner joined the Indian Military Academy (IMA) in July 2017 for his Pre-Commissioning Training to join the Indian Army as a Commissioned Officer. However, he asserted that he was subjected to ragging and punishments for various infractions right from the start. .The Petitioner claimed that he was unjustly punished and unnecessarily targeted and singled out by his Company Commander (Coy Cdr)..With regard to the final Physical Training tests, the Petitioner submitted that on the previous night of the test, he was made to stand outside the Battalion Duty Officer’s room in Full Pack 08 with 40 Kgs of sand and bricks filled into it from 2300 hours to 0200 hours and was thus unable to to perform to the best of his physical capacity..Subsequently, after more restrictions were awarded to the Petitioner, his name was withdrawn from the IMA. .Had things been in their routine fashion, the Petitioner would have passed out after completing his course by the end of 2018..The Petitioner argued that he was a capable person who has been denied the opportunity to fulfil his dreams because of the prejudice and vindictiveness of his superiors..The Authorities, on the other hand, claimed that the officers at the IMA gave every kind of support to the Petitioner to improve his attitude and performance, however, he could not fit into the discipline required for a life in the Indian Army..It was stated that the Petitioner was also found physically unfit, particularly because of being over-weight and action was taken strictly as per the rules. .Withdrawal was the only course left with the IMA, it was said..After perusing the records produced by the Authorities, the Court opined that IMA had acted strictly in accordance with the rules in respect of the punishments and withdrawal..The Court also observed that the records revealed that the fundamental cause of failure in physical tests was the obesity of the Petitioner and he was given a fair opportunity to clear them..The Court noted that the father of the Petitioner, a Lt Col himself, had made a fervent plea to consider the case of his son leniently as the commissioning of his son as an officer of the Indian Army would make him the 4th generation from his family to join the Indian Army..In response, the Court said, .“While it may be possible for us to sympathize with the Lt.Col., but it is not a father’s ambition that defines the standards for selection as a Commissioned Officer in the Indian Army.”.Further recording that the Petitioner was finding it difficult to settle into the regimented and highly disciplined lifestyle at the IMA and lacked the requisite temperament, the Court added, .It is amply clear to us that the petitioner is not suited to a military lifestyle and possibly the desires of his father pushed him into this direction. There is no doubt that the petitioner has struggled to meet the expectations of his father. The father would be well advised to allow his son the freedom to choose his life path and allow him to blossom forth in whatever he so chooses, which is certainly not the Indian Army..The Court opined that the Petitioner and his father would do well to accept the decision of the IMA gracefully and utilize all the learning in the 2 years spent by the Petitioner at the IMA to work towards a bright future in any other chosen field. .The petition was thus dismissed. .Advocates Karan Dewan, Aanchal Jain appeared for the Petitioner. .Central Government Standing Counsel Satya Ranjan Swain appeared for the Respondent authority..Read the order: