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HP HC | Qualifying the Eligibility Test for promotion before the candidate placed higher in the seniority list does not give a prior right to promotion; Petition dismissed

Himachal Pradesh High Court

Himachal Pradesh High Court

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

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]


Sakshi Shukla, Editorial Assistant has put this story together

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