Eligibility Criteria For Promotion Cannot Be Ignored or Waived: Delhi High Court
In a recent judgment by the High Court of Delhi, the court has underlined the significance of adhering to eligibility criteria in promotional examinations. The judgment, delivered on December 7, 2023, came in response to an application filed by a petitioner seeking permission to apply for promotion from Scale II to Scale IV within a government organization.
The court’s observation regarding the eligibility criteria for promotional exams was a key highlight of the judgment. In its ruling, the court stated, “The eligibility criteria for participating in this promotional exercise have been clearly enunciated in the notices issued. Every applicant who wishes to participate in this promotional exercise is required to cross the threshold of the eligibility criteria, since that would be the foundation of selecting as to which candidate is fit to be promoted to the next scale. These eligibility criteria cannot be ignored or waived, just for the asking.”
The petitioner had sought permission to appear in the promotional examination, despite presently holding a position in Scale II and lacking the requisite three years of continuous service in Scale III, as mandated by the eligibility criteria. Additionally, the court noted that the last date for applying for the examination had already passed, further complicating the petitioner’s request.
The court ultimately dismissed the petitioner’s application, stating that eligibility criteria must be met before a candidate can sit for an examination. The judgment underscores the importance of maintaining fairness and adherence to established rules in government promotions. It highlights the court’s commitment to safeguarding the rights and opportunities of all eligible candidates, ensuring that promotional prospects and seniority among government employees remain unaffected.
Date of Decision: December 7, 2023
SHALINI SINGH VS UNITED INDIA INSURANCE CO.LTD. & ORS.
