Major Alok Shukla vs Union Of India & Others on 13 September, 2010
46. We have noticed hereinabove the reference made by the
Military Secretariat of the respondents so far as Lt. Col. Dev's case
is concerned not only accepted but endorsed and recommended his
eligibility premised on the law degree obtained by him from the
recognised university. The only waiver which had been sought and
which was the subject matter of the presidential sanction was to
the extent that he was holding a higher rank than was permissible
under para 82 of the Regulations. In this background, the
distinction sought to be drawn between this judicial precedent and
the present case is wholly misplaced and untenable.