THAKORLAL M. KHAMBHOLJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A statement regarding the cases of P.S.I.s reviewed by the Selection Board at its meeting held in December 1979 was produced before the court. This statement is in a tabular form and column 6 thereof is with regard to the classification made by the Selection Board at its meeting. It is on the basis of this classification that the P.S.I.s were given promotion or denied promotion. Name of the petitioner is at Sr. No. 11 of the statement and so far as column 6 is concerned, only remark which is made against the petitioner is "not yet". It is pertinent to note that in case- of many P.S.I.s the Selection Board has made remark "not fit" while in case of some of the P.S.I.s remark made is "try". Three kinds of classifications are made by the Selection Board viz."try", "not yet" and "not fit". Those P.S.I.s who were classified "try" were given promotion in 1980. However, those who were classified as "not yet" and "not fit" were not given promotion. The classification made by the Selection Board clearly reveals that it has made distinction between "not yet" and "not fit". Those who were classified as "not yet" were undoubtedly better than "not fit". It is, therefore, obvious that the petitioner who was classified as "not yet" was not found to be unfit for promotion.

(2.) In other words, the petitioner was not found to be positively unfit for promotion. Unless the petitioner was found to be positively unfit, he could not have been denied promotion. The respondents have applied wrong criterion in denying promotion. Once it was found that the petitioner was not positively unfit, his juniors could not have been promoted overlooking his claim. The petitioner has been clasified as "not yet". He is not found to be positively unfit. There was no justification for overlooking his claim.