JUDGMENT

ALTAMAS KABIR,J.

1. This Special Leave Petition is directed against the judgment and order dated 22nd March, 2007 passed by the Delhi High Court dismissing Writ Petition No. 899 of 2006 filed by the petitioner herein challenging the decision of the Central Government, to reject the recommendation made by two Special Selection Boards for promoting the petitioner to the rank of Lieutenant General.

2. The petitioner, who was commissioned as a Second Lieutenant in the Indian Army on 16th December, 1967, was promoted to the rank of Major General in the year 2001. Two successive Special Selection Boards of the Indian Army recommended the petitioner for promotion to the rank of Lt. General, but the Central Government did not approve the said recommendations. General. The said decision of the Central Government was challenged by the petitioner in the aforesaid Writ Petition on the ground that such denial of promotion to the petitioner to the rank of Lt. General was arbitrary, discriminatory, whimsical and in violation of the rules and the established procedure of selection and it also offended the principles laid down in various judicial pronouncements both by the High Courts as well as this Court.

3. According to the case made out by the petitioner, he was engaged in active combat at Dera Baba Nanek in the Punjab Sector during the Indo-Pakistan War and was recommended for Vir Chakra award. He also took part in various operations, including operations relating to counter-insurgency, such as operation Blue Star, in Punjab in 1984. In 1999, he was posted to command an Artillery Brigade in the active insurgency area in Kashmir. The Brigade under the petitioner's command was mobilized to fight the Kargil War/Operation Vijay in Drass-Kargil Sector in 1999. For the petitioner's participation in the Kargil War he was awarded the Yudh Sewa Medal in August, 1999.

4. On account of his service profile, the petitioner was promoted to the rank of Major General and was posted as General Officer Commanding 40 Artillery Division, which was the only Artillery Division of the Indian Army at the relevant time and he led Operation Parakram in 2002. In 2003 he was posted to the Northern Command and participated in the Operational Command, which was responsible for the insurgency-affected Jammu and Kashmir Sector.

5. It is the further case of the petitioner that all promotions above the rank of Colonel are made not on the length of service put in by an officer but on the basis of selection. It is the petitioner's case that he was promoted on first consideration right from the rank of Colonel to Major General on a competitive basis.

6. For selection, from the rank of Major General to Lt. General, a Special Selection Board is constituted by the Chief of the Army Staff, hereinafter referred to as "COAS", under powers delegated to him under the authority of the President. The said Board comprises the Chief of Army Staff, the Vice- Chief of Army Staff and the six senior-most Lt. Generals, who make recommendations for promotion to the rank of Lt. General and appointments are made after the recommendations are approved by the Ministry of Defence and other competent authorities.

7. It is the petitioner's case that the Special Selection Boards are expert bodies which consist of the COAS, the Vice-Chief of Army Staff and the six Corp-Commanders representing different fields/ branches of the Army, including officers from technical and non- technical fields. According to the petitioner, a person who has been recommended by the Special Selection Board can hardly be ignored by the Government for promotion.

8. As far as the petitioner is concerned, the first Board for Selection was held on 27th of February, 2004, in which four names were unanimously recommended, including the name of the petitioner. Before promotions could be given in terms of the recommendations made, one of the four candidates superannuated on 31st August, 2004 and one of the others expired on 3