JALAL UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned standing counsel.

(2.) THE petitioner has claimed to be promoted as Principal of a Government Degree College. His grievance as stated in paragraphs 13, 14 and 18 of the writ petition is that his juniors have been promoted but he has not been promoted. This fact has been admitted in paragraphs 9 and 10 of the counter -affidavit.

(3.) WHEN promotions are to be made on the basis of seniority subject to rejection of unfit the main consideration is seniority. However, the seniors who are unfit can be rejected. There can be various objective criteria for determining whether a person is fit or unfit. For instance one method can be that those found having adverse entries in recent years are unfit. However, there can be other criteria also. For instance, the authorities can fix a minimum merit and only those who are up to that minimum merit will be regarded fit as held in B.V. Sivaiah and others v. K. Addanki Babu and others, 1998(2) LBESR 631 (SC) : (1998) 6 SCC 720.