Can I challenge the promotion of ineligible candidates violating the principle of seniority cum merit because I have not been promoted despite having merit. There were five posts to be filled by promotion. One person is promoted without fulfilling the minimum educational qualification. In this case, I submitted my objection when the final seniority list was published by the departmental promotion committee. But they did nothing about my objection but passed a promotion order. I am on the waiting list. Now I want to challenge the order.
Asked from: Uttar Pradesh
When the criteria for promotion was seniority cum merit, that promotion cannot be done only on the basis of seniority. The merit also included and the DPC had to consider the merit of the candidate belonging to feeder cadre.
It is well established that the principle of seniority-cum-merit for promotion is distinct from both the principle of seniority and the principle of merit-cum-seniority. When promotion is based solely on seniority, merit does not play any role. However, under the principle of seniority-cum-merit, promotion is not granted automatically based on seniority alone; merit also plays a significant role.
The standard application of the seniority-cum-merit principle involves subjecting all eligible candidates in the feeder grade (those meeting the prescribed educational qualifications and required period of service) to an assessment process to determine whether they meet the specified minimum merit. Only candidates who meet the minimum necessary merit are promoted, and this is done strictly in the order of seniority.
In Rajendra Kumar Srivastava v. Samyut Kshetriya Gramin Bank, (2010) 1 SCC 335; B.V. Sivaiah vs K A Babu and others (1998) 6 SCC 720, the Supreme Court held that:
while the principle of seniority-cum-merit places greater emphasis on seniority, the principle of merit-cum-seniority prioritises merit and ability, with seniority being less significant. For assessing the minimum required merit, the competent authority may establish the necessary standards and prescribe the mode of assessment for evaluating the merit of eligible employees.
Thus, it is mandatory for the Departmental Promotion Committee (DPC) to establish minimum merit criteria and to consider only those candidates who meet these criteria for promotion under the seniority-cum-merit principle. A candidate who does not possess the minimum required merit or qualifications cannot be deemed fit for promotion. Therefore, such a candidate must not be considered by the DPC, and any promotion order in favor of such an ineligible candidate would be illegal per se.
You should file a writ petition under Article 226 of the Constitution of India, seeking the quashing of the promotion order on the grounds that it violates the principle of seniority-cum-merit. Prima facie, it appears that an ineligible candidate has been promoted in clear violation of the law. For more legal help please visit Kanoon India.
Related: Promotion is not a right
