DEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS intra court appeal is directed against order dated 18.3.11 of the learned Single Judge of this court, whereby a writ petition preferred by the appellant herein, questioning the legality of denial of promotion to him to the post of Assistant Sub Inspector , stands dismissed.

(2.) THE appeal filed is barred by limitation for 91 days, which is accompanied by an application u/s 5 of the Limitation Act for the condonation of delay. For the reasons stated in the application, this court is satisfied that the appellant had sufficient cause for not filing the appeal within the prescribed period. THE application is therefore, allowed. THE delay in filing the appeal is condoned.

(3.) LEARNED counsel for the appellant reiterating the contentions raised before the learned Single Judge urged that the learned Single Judge has seriously erred in non suing the appellant on the ground that the examination conducted for the purpose of selection is a qualifying examination and therefore, it is the seniority of an individual on the feeder post deserves credence over and above the fact that how an individual has faired in the selection process at all stages. LEARNED counsel submitted that the learned Single Judge has not examined the procedure of selection in its entirety which has resulted in an erroneous finding being arrived at. LEARNED counsel submitted that if the provisions of Rule 27 of the Rules is harmoniously construed , it makes the intention of legislature abundantly clear that due credence has to be given to the merit of an individual. LEARNED counsel submitted that as a matter of fact, the examination conducted for the purpose of promotion to the post of Assistant Sub Inspector is a competitive examination and not merely a qualifying examination. LEARNED counsel submitted that the procedure of selection as envisaged under Part V of the Rules for availing promotion is an ordeal process of selection which an incumbent has to undergo and no incumbent can claim promotion solely on the strength of his seniority upon the feeder post. LEARNED counsel submitted that since promotion is based on selection, it pre supposes that it is founded on merit and not only on the basis of seniority. LEARNED counsel submitted that all these relevant aspects of the matter have not been considered by the learned Single Judge and therefore, the order impugned dismissing the writ petition in limine, deserves to be set aside.