Himachal Pradesh High Court: Ajay Mohan Goel J., dismissing the present petition, elaborates upon the determining criteria of promotion where a candidate acquires eligibility before other candidates placed higher in the seniority list.
Brief Facts
- That the petitioner herein is aggrieved by the act of the respondents of purportedly not promoting him to the post of Junior Basic Teacher (J.B.T.) against Scheduled Tribe Quota when promotions of other eligible Junior Basic Teachers were done in the year 2013 despite availability of vacancies.
- That the petitioner has appended the relevant information obtained through RTI, which demonstrates the contention made hereinabove.
- That the petitioner, in terms of the information sought through RTI, contends that all the incumbents who stood promoted passed their Teachers’ Eligibility Test in the year 2013, whereas the petitioner passed the same in the year 2012, meaning thereby that he had a prior right to be considered for promotion as against the post of Junior Basic Teacher.
- That the stand of the State is that the date of passing of Teachers’ Eligibility Test is immaterial so as to consider the eligibility of effecting promotions because the promotion has to be made in terms of the Recruitment and Promotion Rules and when other persons senior to the petitioner were found eligible for promotion against the post of Junior Basic Teacher who might have passed Teachers’ Eligibility Test after the petitioner, said incumbents could not have been ignored.
- That the petitioners hereby pray before the present Court, to direct the respondent authorities to include the name of the applicant in the panel prepared by the Department for promotion to the post of T.G.T. (Arts)
Issue
Whether the alleged promotion made by the respondent authority, in accordance with the Recruitment and Promotion Rules?
Observations
The Court observed, “there is a fallacy in the contention of the petitioner that simply because he had passed his Teachers’ Eligibility Test in the year 2012 i.e. before the candidates who were promoted in the year 2013 against the post of Teachers’ Eligibility Test, therefore, he had a right to be considered for promotion over and above those incumbents who had passed Teachers’ Eligibility Test thereafter.” The Court further emphasized the settled law upon the said premise according to which, a candidate for promotion is considered as per his eligibility on the date when the Departmental Promotion Committee meets and in the case at hand, the candidates promoted obtained eligibility before the said meeting took place. There seems no reason why the candidates occupying higher position in the seniority list, should not be elevated in the present fact and circumstances. The Court finds the decision of the respondent authority apt, reasonable and in accordance with the Recruitment Rules.
Decision
While dismissing the present petition, the Court reiterates that, “(…) the eligibility of a candidate has to be seen as on the date when the Departmental Promotion Committee meets then until and unless the Recruitment and Promotion Rules specifically provide that a candidate who has passed Teachers’ Eligibility Test first in time, shall have a prior right of consideration..”[Ramesh Chand v. State of Himachal Pradesh, 2020 SCC OnLine HP 2023, decided on 16-10-2020]
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