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Supreme Court of India 2019-12-06 dismissed

HAV (OFC) RWMWI BORGOYARY vs UNION OF INDIA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

Three soldiers with training in Operation Fire Control (OFC) and IGNOU diplomas in Radar Technology sought appointment as Technical Equipment Officers (TEO) in the Army Air Defence. They were declared ineligible because they lacked the specific qualification of Technical Instructor Fire Control (AD & FD). The Court upheld their ineligibility, holding that OFC training cannot substitute for the specialized TIFC qualification. The Court also rejected their equality argument based on two others being wrongly appointed, stating that negative equality does not exist and authorities cannot be directed to perpetuate illegality by appointing unqualified candidates.

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