The said Rules provides that recruitment to 20% of the vacancies of the ministerial Group “C” posts of the lowest grade shall be made by promotion through the Selection Committee from those who have been substantively appointed in Group “D” posts. Out of the 20%, 15% quota is for Group “D” employees who have passed the High School examination from the Board of High School and Intermediate Education, Uttar Pradesh, or any other examination equivalent thereto, subject to a condition that the candidate must have completed five years of service on the first day of the year of recruitment. The remaining 5% quota is for Group “D” employees who have passed the Intermediate examination from the Board of High School and Intermediate Education, Uttar Pradesh, or any other equivalent examination. (Para 2)
The contention of the appellants is that though they were senior to some of the selected candidates, they were not selected. (Para 3)
And ultimately, the prayer of the appellants was rejected. (Para 3)
There were five posts under the 15% quota for the candidates who had passed the High School examination and two posts under the quota for those candidates who had passed the Intermediate examination; ii. Those employees who ranked from serial nos.1 to 7 i.e. respondent nos.5 to 11 were promoted but the appellants were not promoted; iii. After the year 2015, the Selection Committee was not constituted for granting promotion in respect of the 20% quota as per Rule 5 of the said Rules; and iv. At present, 19 posts are vacant. (Para 6)
Thus, the posts available for the 20% quota are 3.8, which can be rounded off to 4. Therefore, three candidates who hold the qualification of the High School examination and one candidate who holds the qualification of the Intermediate examination can be considered against the said four posts forming part of the 20% quota. The process of promotion has not been conducted from 2015. (Para 7)
This is a fit case to exercise our jurisdiction under Article 142 of the Constitution of India by directing the respondents to grant promotion to four candidates (three having the High School examination qualification and one having the qualification of passing the Intermediate examination) who are immediately below the candidates promoted in the process of 2014 in the merit list. Those who are appointed pursuant to this direction shall be treated as promoted on the date on which the order of promotion is issued. They will get seniority on the basis of their actual date of appointment. (Para 9)
We make it clear that as this direction is issued under Article 142 of the Constitution of India, this decision shall not be treated as a precedent. (Para 11)
SUPREME COURT OF INDIA
2023 STPL(Web) 231 SC
[2023 INSC 792]
Rajendra Prasad & Ors. Vs. State Of Uttar Pradesh & Ors.
Civil appeal no. 5610 of 2023 (Arising out of Special Leave Petition (C) No.17151 of 2019)-Decided on 4-9-2023
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