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Air force debarring PBOR category from obtaining higher studies.
18-Aug-2023 (In Armed Forces Tribunal Law)
1. I am a serving soldier of Indian Air Force under Personnel Below Officer Rank (PBOR) category. 2. Recently, Air HQ (IAF) has issued a new policy debarring PBORs from obtaining higher civil qualification. Under this policy only those PBORs who obtains more than 80% marks in their promotion/skill test may be permitted to obtain higher civil qualification. Further under this policy permission only being given for courses related to the present job profile (trade) of the individual. 3. Though I have obtained more than 79.5% marks in my promotion/trade test. I have not been given permission to obtain higher civil qualification. 4. Right for changing of policy lies with IAF but can they forfeit our right for education given by constitution. 5. Earlier I was working on that trade ; I had knowledge. Bow due to service requirements ; I am not doing my trade duty. At present scenario ; it will be tough for me to get 80% marks in promotion exam. Can my 0.5% less marks denies my to study
Since you have less than 80 % marks, as per the policy you stand debarred. Further, you are not doing your trade duty. You You have not stated whether or not you want to gain civil qualification in your trade or not. Revert with this information. You can write application to appropriate authority of Air Force for permission stating the facts and circumstances and stating that you have only 0.5% less marks and seeking compassionate view. You can also approach the Courts against this policy claiming it violates Right to Education, etc, and then Courts will examine the policy in view of requirements/commitments of Air Force and the Constitution. Armed Forces have the right to frame policy that may override certain individual rights, for good efficient functioning, availability of troops, National Security, etc as per AFA and DSR. For example, Armed Forces personnel can not form unions, or resign without permission.
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Adv. Kundan Singh Pathania
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