Exam-Only Permanent Commission Policy for Army Dental Officers Upheld; Thrice-Failed Officer Estopped: Rajasthan High Court

Lt. Col. Eklavya Tak was commissioned on 01.03.2006 as a Short Service Commissioned Officer (SSCO) in the Army Dental Corps, with a maximum tenure of 14 years ending in 2020 (para 2). Three attempts at a departmental examination decided Permanent Commission; he appeared in 2008, 2009 and 2011 and failed each time (para 2). His statutory complaint was rejected on 11.04.2017: he was not on the merit list, and his confidential report profile was not a parameter under the Policy of 1996 (para 3). He then challenged the 1996 criteria and sought consideration under a 2012 policy that counts an officer's performance and awards; a Single Judge dismissed his writ petition on 26.02.2020 (paras 1, 3).

The officer called a one-day test ignoring his ACRs discriminatory and irrational, saying he learnt only in 2017 that ACRs did not count (paras 4, 8). The Bench applied the rule that "Ignorance of law is no excuse": it was admitted that he took part in the process three times without protest or objection and attacked the Policy only after failing to reach the merit list (para 9). Not knowing the selection criteria stands on the same footing as ignorance of law; after voluntary attempts and no earlier challenge, he was estopped from blaming the respondents (para 10). On the Policy, courts should not interfere with a Government policy on Armed Forces personnel unless it is absolutely capricious and not informed by any reason, and cannot ask whether a better policy could have been framed (para 11). He showed neither a change in the ‘Rules of Game’ during the process nor unwarranted prejudice, and the claim that the 2012 Policy would be fairer was no ground to strike down the 1996 Policy (para 11). Agreeing with the Single Judge, the Bench found no legal infirmity in the 1996 Policy and held the challenge barred by acquiescence (para 11).