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19. So far as the rule position is concerned, our attention is drawn to the following criterion in the para 82 of the Defence Service Regulations for the permanent transfer to the JAG department, laid down by the respondents, which has been captioned as `Inter Arms/Service Transfer' and reads as follows :-

"82. Transfer to the Judge Advocate General's Department.--(a) Eligibility.--Permanent commissioned officers of all Arms and Services of W.P.(C) No. 274/2009 page 6 of 33 the rank of Major and below, who hold a Bachelor's degree in law from a recognised university are eligible for transfer to the Judge Advocate General's Department. Special List and Non-Technical Army Medical Corps commissioned officers whose employability is restricted are not eligible.

38. The respondents' contested his claim in the writ petition on the objection that Lt. Col. Dev could not establish as to how and when he attained the minimum attendance as prescribed by the rules for the LL.B. degree course and therefore, he was not entitled to the permanent transfer. It was the respondents' case that Lt. Col. Mukul Dev had been awarded the LL.B. Degree by the Chaudhary Charan Singh University, Meerut, U.P., whereas he was posted in Faridkot (Punjab), Dinjan (Assam) and NC Hills Assam W.P.(C) No. 274/2009 page 16 of 33 during the period of 1993 to 1996. Lt. Col. Dev had also premised his claim for permanent transfer to the JAG Department on para 82 of the Defence Service Regulations noted hereinabove.

61. No amendment has been effected by the respondents to para 82 of the Defence Service Regulations. Lt. Col. Mukul Dev undertook and cleared the same JAG Departmental Service examination as the petitioner. So far as the eligibility requirement is concerned, there is not an iota of distinction or difference between the two cases. The petitioner is entitled to the same treatment as this officer.

W.P.(C) No. 274/2009 page 30 of 33

62. In these circumstances, we have no hesitation in holding that the respondents have been unjust and unfair so far as the petitioner is concerned and their action is legally unsustainable.

63. The admitted position, therefore, is that the petitioner is in possession of a bachelor degree in law from a recognized university which is also a professional degree. The respondents have accepted and admitted that the petitioner satisfies all requirements under para 82 of the Defence Service Regulations for the Inter Arms/Service Transfer to the Judge Advocate General branch and there is no impediment to the same.