The selection for promotion to a selection post must be based on merit-cum-seniority.

The dispute involves in this writ petition is with regard to the recommendation of DPC held in its meeting on 17.4.97 for promotion to the post of Assistant Director in the Food & Civil Supplies (PCS) Department. In the aforesaid DPC, the respondent Nos.5 to 12 have been recommended and on the basis of the aforesaid recommendation, they have been promoted to the post of Assistant Director. There is no dispute that the post of Assistant Director is a selection post and Inspectors of Food & Civil Supplies and Area Officers are the feeder post according to the recruitment rules.

2. By now it is well settled principle of law that when the post is selection post, the recommendation of the Selection Committee must be based on merit-cum-seniority. The criteria for considering the eligible candidates on merit is the ACRs/dossiers.

3. In this writ petition the allegation has been made that the selection is not based on merit-cum-seniority. but purely on the basis of final seniority list of the Inspectors. If the selection is made purely on the basis of final seniority list, merit has no place, therefore, it is ceased to be a selection post. It is only because of the aforesaid allegation, this Court called for the ACRs/dossiers of the respondents 5 to 12 and the petitioner considered by the Selection Committee in its meeting held on 17.4.97. Pursuant to the direction Mr. L. Sliyamkishore Singh learned Senior Govt. Advocate made available the ACRs in a sealed envelop and the same have been perused.

4. It is stated that the DPC considered the ACRs/dossiers of all the officers ' from 1988-89 to 1995-96. However, in normal practice the ACRs/dossiers are always considered for a period of five years. For the purpose of disposal of this civil rule, therefore, the ACRs/dossiers of the respondents and the petitioner for the period from 1991 -92 to 1995-96 have been examined. On examination of the ACRs/dossiers of the respondents 5. 6, 7. 10, 11 and 12 are far more superior than the petitioner's ACR/dossier for the period from 1991-92 to 1995-96. Therefore, the grievance of the petitioner against the respondents 5. 6. 7. 10. 11 and 12 docs not survive.

5. However, with regard to respondents 8 and 9 they are similarly situated with the petitioner inasmuch as the respondents 8 and 9 are also ST candidates as the petitioner, and they belong to reserved category.

6. On perusal of the ACRs/dossiers of the petitioner for the period from 1991-92 to 199-96. the petitioner secured as under :

1991-92 Very Good 1992-93 Very Good

1993-94 Outstanding 1994-95 Outstanding

1995-96 Outstanding.

7. The respondent No.8 secured gradings as : Very Good" for the period from 1991-92 to 1995-96. Respondent No.9 also secured gradings as 'Very Good' for the period from 1991 -92 to 1995-96.

8. Therefore, from the ACRs/dossiers as indicated above, it clearly appears that the petitioner is having edge over the respondents 8 and 9 and appears to be meritorious than the respondents 8 and 9. As already observed, the terms 'selection post' would mean the selection must be based on merit-cum-seniority. If that is so. the selection of the respondents 8 and 9 cannot be held to be on the basis of merit-cum-seniority. There is no dispute that in the final seniority list of Inspectors, name of the respondents 8 and 9 are at Sl.Nos. 4 and 5 respectively, and the name of the petitioner appears at Sl. No 13 of the list, but then when the question of selection comes, at the risk of repetition, it has to be made on the basis of merit-cum-seniority. Therefore, the seniority alone cannot be considered in isolation. It has to be considered along with the ACRs/dossiers of the respective officers. If the meritorious candidates are not selected in preference to non-meritorious candidates, it has chain reactions resulting in frustation and desperation and ultimately affects the efficiency of the Govt. servant and public interest will be the great looser. Keeping this view in mind, the selection should alwa

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