Punjab & Haryana HC: NCC cadet wrongly denied exam attempt—Eligibility restored

Case Name: Deepak v. Director General NCC, Govt. of India and Others
Date of Judgment: January 9, 2020
Citation: CWP-4677-2019 (O&M)
Bench: Hon’ble Mr. Justice Sudhir Mittal

Held: The High Court quashed the rejection of the petitioner’s application to take the NCC ‘C’ Certificate Examination, holding that he satisfied the eligibility criteria under the official NCC Directive. The Court observed that once the petitioner was re-admitted to the 3rd year training after a break, the respondents could not deny him the right to sit for the examination. Arguments of ineligibility based on his earlier discharge after completion of three years were found illogical and contrary to the terms of the Directive.

Summary: The petitioner joined NCC in 2013, cleared his ‘B’ Certificate in 2015, and later developed a medical condition that led to a break in training. He rejoined the 3rd year in September 2018, attended over 79% of classes, and sought permission to take the ‘C’ Certificate Examination. His request was denied on 4.2.2019, citing a break exceeding 24 months after his initial discharge. The Court noted that as per Clause III(c)(v) of the NCC Directive, cadets with breaks exceeding 18 months remain eligible if they fulfill attendance requirements, which the petitioner did. Since he had already been admitted to the 3rd year and even permitted to take the practical exam, the respondents were estopped from denying him eligibility for the written exam.

Decision: Petition allowed. Impugned order dated 4.2.2019 quashed. Respondents directed to permit the petitioner to take the next written ‘C’ Certificate Examination scheduled for January–February 2020.