W.P.(C)/8372/2026 of MAJOR ESHAAN SEGAN Vs UNION OF INDIA & ORS. on 29 June 2026

1. The present writ petitions have been filed under Article 226 of the Constitution of India (“Constitution”), seeking quashing and setting aside the orders dated 27th May, 2026 and 21st May, 2026 passed by the learned Armed Forces Tribunal (AFT) Principal Bench, New Delhi in O.A. No. 1416/2026 and O.A. No. 1119/2026 respectively, whereby the AFT has dismissed the prayer of the petitioners seeking interim relief with regard to permission for applying and appearing in the NEET PG Examinations, 2026, as a priority.

2. Learned counsel appearing for the petitioners draws the attention of this Court to the Training Rules for Medical/Non-Technical Officers of the Armed Forces Medical Services (“Training Rules 2018”), dated 12th February, 2018, wherein, as per Rule 14(a)(ii), the petitioners had time from 4 to 10 years of the service to take the NEET PG Examination. The said Rule is reproduced as under:-

“(ii) SSC Officers: -(aa) Physical service as Capt. Or equivalent (excl antedate if any) from 04 to 10 years of physical service.*

(ab) Eligible to be detailed for Advance course/PG courses (MD/MS/DNB/Dip) at all AFMS Institutes.

(ac) Will give an undertaking to serve the AFMS till a total of

14 years of service. Note:-

* Cut-off date for physical service for all courses will be 30 Apr of the year in which the course commences.

xxx xxx xxx”

3. However, subsequently the aforesaid Rule has been superseded by the Training and Professional Progression Rules for Medical/Non-Technical Officers of Armed Forces Medical Services, 2025 (“Training Rules-2025”), wherein, as per Rule 7.2, the said period of 10 years has been reduced to 7 years. Rule 7.2 of the Training Rules-2025, reads as under:-

“7.2. Service bracket for PC officers to apply for PG course will be 04 - 10 yrs of physical service as Capt or equivalent (excluding antedate if any) whereas for SSC officers it will be 04 - 07 yrs. The cut-off date will be 30 Apr of the year of commencement of the course”

“xxx xxx xxx

4. Learned counsel appearing for the petitioners submits that the petitioners be allowed to take the NEET PG Examination, 2026, and the last date for filling such form is tomorrow, i.e. 30th June, 2026.

5. Per contra, learned counsels appearing for the respondents submits that the Training Rules, 2025 were notified in November, 2025 and the petitioners have knowledge of the said Rules since November, 2025. They further submit that the impugned orders dated 27th May, 2026 and 21st May, 2026 respectively, passed by the learned AFT are correct. In case, the petitioners ultimately succeed in their petition, and are granted 10 years period as per the Training Rules, 2018, the said tenure/period shall expire only in the year 2028.

6. This Court has heard learned counsels for the parties.

7. This Court notes that the petitioners have been in the service since the years 2017 and 2018, respectively. Thus, as per the Rules, the petitioners became entitled to sit for the NEET PG Examination after four years of their service. Accordingly, the petitioners had time from the years 2022 and 2023 respectively, to sit for the NEET PG Examination.

8. This Court also takes note of the impugned orders dated 27th May, 2026 and 21st May, 2026, passed by the learned AFT, wherein, the learned AFT has categorically recorded that the petitioners herein have not been able to secure a seat in the NEET PG Course, either due to their personal choice and not applying earlier or on account on their failure in the examination process.

9. Thus, the learned AFT has held that only because the petitioners have challenged the policy, there is no prima facie case for any interim relief in their favour. This Court is in agreement with the said finding of the learned AFT. It is to be noted that the Training Rules-2025 are in operation. Therefore, merely on account of the fact that the petitioners have challenged the said Rules, is no ground for granting any interim relief in favour of the petitioners. In case any interim relief as prayed for is granted, the same would have the effect of suspending the effect of the said Training Rules- 2025, which cannot be done, when the final adjudication in this regard is still pending before the learned AFT.

10. Furthermore, it is also to be noted that the matters are listed before the learned AFT on 28th August, 2026. This Court also takes note of the fact that in case the petitioners ultimately succeed, they would have time to sit for the NEET PG Exam till the year 2028.

11. Accordingly, this Court finds no error in the order passed by the learned AFT.

12. No merit is found in the present petitions, and the present petitions are accordingly dismissed.

13. The pending applications also stand dismissed.

MINI PUSHKARNA (VACATION JUDGE)

VINOD KUMAR (VACATION JUDGE) JUNE 29, 2026/cd