Merit-based determination of inter se seniority for Limited Departmental Competitive Examination candidates must align with the established rules and policies, distinguishing them from direct recruits.

JUDGMENT

Asha Menon, J.: (Oral)

CM No.2510/2020

Exemption allowed, subject to all just exceptions.

W.P. (C) 924/2021 & CM APPL. 2509/2021

1. The petition has been heard by way of video conferencing.

2. The seven petitioners have filed this petition being aggrieved by the issuance of the Seniority List dated 24th April, 2020 and the order dated 12th October, 2020 whereby their objections to it, taken in their Legal Notice dated 6th August, 2020, were rejected. The petition has been filed with the following prayers: -

"(i) To quash and set aside the impugned order No. I.15013/01/2013/PERS-1029 dated 12.10.2020 (Annexure P-l) and impugned seniority list issued vide No. 1-15013/ 2/ 2020/ PERS-5802-35 dated 24.04.2020 (Annexure P-2) for the post of Asst. Comdt. /GD (LDCE) and re-fix the inter-se-seniority of the petitioners accordingly with all consequential benefits.

(ii) To declare the action of the respondents in issuing impugned order No. I.15013/01/2013/PERS-1029 dated 12.10.2020 and impugned seniority list issued vide No. I-15013/ 2/ 2020/ PERS 5802-35 dated 24.04.2020 for the post of Asst. Comdt. /GD (LDCE) as arbitrary and illegal and re-fix the inter-se-seniority of the petitioners accordingly with all consequential benefits.

(iii) To direct the respondents to amend the recruitment rules for the post of General Duty Cadre (Group 'A' Posts) Recruitment Rules, 2010 (Annexure P-3) to the extent it does not provide the word 'LDCE' under 'Seniority' clause as provided in other sister services recruitment rules.

(iv) To allow the writ petition with cost."

3. The petitioners are presently working at the post of Assistant Commandant/GD(LDCE) having cleared the Limited Departmental Competitive Examination (for short, "LDCE") on 4th December, 2012. Their grievance is that till the year 2018, their inter se seniority had not yet been determined and when the respondents issued the impugned Seniority List on 24th April, 2020, it was in gross violation of the Scheme for LDCE promotion brought into effect in the year 2000, as well as the previous practice and against the Recruitment Rules (RRs). According to the petitioners, the inter se seniority had to be fixed as per the marks obtained in the Exam but the impugned Seniority List was drawn up on the basis of the total marks obtained not only in the LDCE but also in the Basic Professional Course.

4. Sh. M.D.Jangra, learned counsel for the petitioners, submitted that it was only in the year 2000 vide the communication of the Ministry of Home Affairs bearing No. MHA UO No.I-45022/83/2000-Pers.I dated 21st August, 2000 that it was decided to introduce a system of Limited Departmental Examination for promotion to the rank of AC(GD) to the extent of 17% of the vacancies in the promotion quota. The learned counsel submitted that though vide this communication (Annexure P-10 to the petition) the RRs were also to be amended, but till date, the RRs have not been amended. The learned counsel also submitted that as per the Scheme for the Central Police Organisations, seniority was to be fixed in the following manner: -

"9. Seniority:

5. According to the learned counsel, "the merit" meant the marks obtained in the exam. To bolster this argument, he submitted that the seniority list published on 5th February, 2014 was drawn up only on the basis of the marks obtained in the exam. How