1. Promotion dispute — Eligibility for post based on professional examination quota — Result declared after the statutory cut-off date. (Para 2 , 3 )
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1999 Supreme(SC) 1174
SUPREME COURT OF INDIA
A.P.Misra : J.Jagannadha Rao
Chhotu Ram
Versus
State Of Haryana
Case No. : 5889 of 1999
Date of Decision : 10/8/99
Administrative clarifications interpreting statutory rules regarding promotion eligibility cut-off dates are valid and not in conflict with such rules, provided they allow eligibility based on the examination date if the result is declared before the promotion committee meets.
Headnote:(A) Service Law - Promotion - Eligibility - Cut-off date - Administrative clarification stating that eligibility may be taken from the date of completion of examinations, if by the time the matter regarding promotion is taken up, the result of examination had been declared - Such clarification is not in conflict with statutory rules if it specifies that a person is eligible based on the examination date (conducted before the cut-off date) provided the result is declared before the Departmental Promotion Committee meets. (Para 5)
Facts of the case:
A Junior Engineer appeared for a professional examination before the prescribed cut-off date, but the result was declared after the cut-off date. The Departmental Promotion Committee, meeting after the result declaration, deemed the candidate ineligible for promotion. The candidate relied on an administrative clarification allowing eligibility from the date of examination if the result was declared by the time the promotion was considered.
Findings of Court:
The administrative clarification is not in conflict with the statutory rules as it clarifies the application of the cut-off date in instances where the examination precedes the cut-off but the result follows it. The candidate is qualified if the result was declared by the time the Departmental Promotion Committee met.
Issues: Whether an administrative clarification allowing eligibility based on the examination date (if the result is declared before the promotion committee meets) conflicts with statutory rules prescribing a specific cut-off date.
Ratio Decidendi: An administrative clarification that interprets the application of a cut-off date for eligibility—by allowing the date of examination to be the benchmark provided the result is declared before the promotion committee meets—does not conflict with statutory rules.
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. Reliance on administrative clarification allowing eligibility from the date of examination if results are declared before the promotion committee meets. (Para 4 )
3. Administrative clarifications interpreting cut-off dates for examination results are valid if they do not conflict with statutory rules. (Para 5 )
4. Where an examination is taken before the cut-off date and results are declared before the promotion committee meets, the candidate is eligible. (Para 5 )
5. Appeal allowed — Direction to consider the appellant as qualified by the cut-off date and grant promotion and consequential benefits if fit. (Para 5 )
6. Does an administrative clarification regarding the date of eligibility for promotion conflict with statutory rules if it allows results declared after the cut-off date?
No, provided the clarification specifies that a person is eligible if the examination was conducted before the cut-off date and the result is declared by the time the Departmental Promotion Committee meets. (Para 5 )
7. How is eligibility determined when a professional examination is taken before a cut-off date but the result is declared after it?
Eligibility may be taken from the date of completion of examinations, provided the result of the examination has been declared by the time the matter regarding promotion is taken up. (Para 4 , 5 )
(1) LEAVE granted.
(2) HEARD counsel on both sides. The question relates to the promotion of the appellant to the post of Sub-Divisional Officer against the ten per cent quota allocated for those who have passed AMIE Examination.
(3) THE admitted facts are that the appellant was appointed as a Junior Engineer on 16-6-1973 in the Haryana Public Works Department (Irrigation Branch) on regular basis. He appeared in AMIE(B) Examination in November 1979 and was declared successful on 3-3-1980. The Departmental Promotion Committee met in September 1980 to consider the cases of eligible candidates for promotion and took the view that the appellant was not eligible for promotion and that consequently, the case of the appellant could not be considered for promotion. The appellant filed a writ petition in the High Court and the same was dismissed without giving any reason.
(4) IN this appeal, learned counsel for the appellant has relied upon the clarification dated 23-7-1973 issued by the Chief Secretary, Government of Haryana in a similar case. That matter related to promotion of Section Officers in the Irrigation Department. It is stated in that order as follows:
"Commissioner of Administrative Department and Chief Secretary has reconsidered and decided that eligibility may be taken from the date of completion of examinations, if by the time, the matter regarding promotion is taken up, the result of examination had been declared. The Administrative Department is also advised that the date of examination and date of declaration of result should be regulated in such manner that the result of any examination held in a particular year should be declared by the end of December positively."
(5) IT is true that Rule 9 of the Haryana Service of Engineers Class II (Public Works Department, Irrigation Branch) Rules says that the cut-off date will be the 1st of January of the year concerned and here the cut-off date will be 1-1-1980. In a situation where a person takes an examination before the cut-off date and the result is declared after the cut-off date the abovesaid administrative order dated 23-7-1973 clarifies as to what is to be done. In our view the said clarification is not in conflict with the statutory rules, inasmuch as it only states that where by the date on which the Departmental Promotion Committee meets, the result is also declared, maybe subsequent to the cut-off date, the person must be considered to be eligible with reference to the date of the examination if the examination had been conducted before the cut-off date. We do not, therefore, see any conflict between the clarification dated 23-7-1973 and the statutory rules. Giving effect to the abovesaid clarification, it must be held that the appellant was qualified as on September 1980 when DPC met. We, therefore, order that the case of the appellant be considered on the basis that he was qualified by the cut-off date, 1-1-1980. If he is considered fit for promotion as in September 1980, he shall be given the necessary promotion and other consequential benefits. In case the Department feels that any other persons are likely to be affected in the seniority it will be open to the Department to give notice to those candidates before finalising the case of the appellant. The appeal is allowed. However, in the circumstances there shall be no order as to costs./PARA>
