CAT upholds written test for head constable promotions
Chandigarh, April 18 -- The Central Administrative Tribunal's (CAT) Chandigarh Bench has upheld the validity of the written examination introduced for promotion to the head constable's rank in the UT police. It dismissed a batch of applications filed by serving constables.
The order, pronounced on April 2 by a bench comprising Suresh Kumar Batra and Rashmi Saxena Sahni, came on the applications of Pardeep Kumar and two others.
The applicants had challenged the administration's notification dated June 18, 2021, and subsequent circulars which restructured the promotion process.
The revised framework earmarks 70% promotions on the basis of seniority-cum-merit, 25% through a B-1 written examination, and 5% under the sports quota.
One of the key issues raised before the Tribunal was the introduction of the written test for a segment of promotions. The applicants contended that the move altered existing service conditions and affected personnel who had been awaiting promotion under the earlier system.
After examining the amended recruitment rules and the policy governing promotions, the Tribunal ruled that the administration was competent to prescribe such criteria.
It observed that the allocation of a specific quota for promotion through a written examination formed part of a structured selection process.
UT authorities informed the Tribunal that out of 3,068 constables, 2,987 were eligible for promotion, and 1,272 constables had already submitted their willingness to appear in the B-1 test.
The bench noted that the rules had been duly notified and that eligible constables were given the option to participate in the B-1 test for consideration under the 25% quota.
"The requirement of competing in a departmental test, by itself, does not violate Articles 14 or 16, particularly when it is uniformly applied and has a rational nexus with the objective of ensuring efficiency and merit in promotions within a disciplined force like police," the Bench observed.
Referring to the scope of judicial review in service matters, the Tribunal held that policy decisions relating to recruitment and promotion fall within the domain of the employer and are not ordinarily interfered with unless found to be in violation of statutory provisions.
Representing the administration, senior advocate Arvind Moudgil said that such an examination has been held only once previously.
He highlighted that earlier attempts to stall the process had failed at multiple judicial levels.
"The applicants had sought a stay on the test, but it was not granted. The matter went up to the high court and even the Supreme Court, and the conduct of the examination was not stayed. Now, with the Tribunal dismissing the petitions, the results can be declared and promotions carried out," he said.
He also pointed out that while exemptions had been granted in the past, the current framework seeks to introduce a uniform standard.
"There has to be an end to exemptions at some stage. The idea is to ensure efficiency in the police force through a structured process," he added....
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