In principle I avoid joining such discussions or venturing any opinion.
It is perhaps quite a different thing to mention a fact which might be relevant.
As a techno-legal view, if the COAS resigns his commission before going to court and subsequently the court upholds his stand and gives a verdict that his yob is 1951, legally the Resigned / lost / surrendered President's Commission, CANNOT BE REVOKED AND HE CANNOT BE RE-COMMISSIONED.
In the attached Decision Flow Chart, The COAS has to consistently remain on the GREEN CHANNEL for achieving his aim of establishing his YOB (Year of birth) as 1951 and DERIVE BENEFIT from that.
For easy and lucid understanding, if he resigns his commission, he is an ordinary veteran like us. If he approaches the SC for determination of his DOB, the court would first ask him, even before admitting the petition, why he wants such determination and how he stands to benefit from such determination. He will be told that it is a futile exercise, as the commission once resigned , this action cannot be revoked, and it would be a fait accompli. If he says that it is a matter of his Integrity & Honour, he will be told that SC is already quite busy with huge backlogs, and cannot afford the luxury of entertaining such frivolous matters.
( I am providing this clarification, from personal experience. I went on deputation to HAL in May 1984 for 2 years, and as per the then prevalent practice, would have been extending my deputation until I became due for Air Cmde and come back to IAF. However, in Feb 1985, Rajiv Gandhi stopped all further deputations (except for Test Pilots and IPS Officers on Security & Vigilance Posts) and stipulated that no extensions would be given to already deputed officers. Came March 1986, and though I had been cleared for Air Cmde (as ascertained by HAL), as they had no vacancy of Addl General Manager to absorb me in, as an Air Cmde, they told me that I will certainly rise to the topmost post of Chief of Commercial Services, but would have to initially accept absorption as Deputy General Manager and that I should give my willingness for the same. As there was no likely vacancy of an Air Cmde, in the IAF for the next two years, and the possibility of moving into Corporate Office at Bangalore and remaining there until superannuation, if absorbed, I gave my willingness. HAL / Govt processed the premature retirement and absorption and were about to issue the Govt letter, when I had second thoughts and wanted to change my mind and withdraw my willingness.
On personally and physically approaching Air HQ / MOD, I was told that the file was just awaiting signature of the Raksha Rajya Mantri, and might even have been signed by the RRM, and that once that Statutory Authority signs the file, I would be deemed to have resigned my commission and there is no way or provision for restoring a resigned commission. Little did I realize then, that that single act would haunt me for more than quarter of a century and make me a PSU Absorbee Criminal for life. Perhaps, that was Divine Will. )
Hence, when somebody says on TV that the COAS should have resigned and then gone to court, they are "Talking through their hat", whether wearing one or not, and are providing only entertainment.
Sorry, for this long story. I had to do it because of the adage, " The most difficult thing in the world is for, a person to know how to do something correctly, see somebody doing it incorrectly, and KEEP QUIET". I had to adopt the easy way out.
Thanks for your patience and best wishes,
Gp Capt Subramanian