UNION OF INDIA AND ORS vs COL

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 17883/2025 & CAV 459/2025, CM APPL.73912/2025 CM APPL. 73913/2025 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, CGSC with Major Anish Muralidhar (Army) versus COL VS KAHLON VSM .....Respondent Through: Mr. S.S. Pandey and Mr. Nirvikar Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 26.11.2025 C. HARI SHANKAR, J. This case is being taken up today as 25 November 2025 was declared as holiday on the occasion of 350th anniversary of ‘Guru Teg Bahadur’s Martyrdom Day’. 1. After some hearing, Dr. Mahndiyan, learned Counsel for the petitioners, restricts his challenge to the impugned order dated 25 July 2025, passed by the Armed Forces Tribunal1, to the following finding, contained in para 60 thereof: “However, it is essential to note that consequent to the disposal of the second statutory complaint, the applicant’s marks were higher than the last empanelled officer of his original batch i.e., 1997 batch.” 2. According to Dr. Mehndiyan, this finding is incorrect. 3. It is an admitted position that the second statutory complaint was disposed of in