Point of Law: Seniority is earned by an employee by his length of service in cadre and it is a valuable right of an employee and same cannot be taken away except in accordance with procedure of law.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. C. Modi, learned counsel for the petitioner. Also heard Mr. T. Jamoh, learned standing counsel for Education Department of the State respondent Nos. 1-3 and 5, and Mr. M. Keto, learned counsel appearing for the respondent No. 4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Smti. Mumsu Borang prays for set aside and quash the DPC recommendation dated 07.06.2018, by which the private respondent No. 4 was promoted vide order dated 25.02.2019, to the post of Assistant from UDC and also to promote her retrospectively from the same date i.e. 25.02.2019, when the respondent No. 4 was promoted.

3. The background facts leading to filing of the present petition briefly stated as under:

“The writ petitioner was serving in the post of UDC, which is the feeder post of Assistant, in the Education Department since 17.12.2004. The educational qualification of the petitioner is XII passed and as per the Recruitment Rules, she is eligible for promotion to the post of Assistant. In the year 2018, two posts of Assistant fall vacant and the Department sought for the submission of document from the feeder post, including the present petitioner, whose name was at S. No. 2, in the list of UDC, as per the seniority. The Departmental Promotion Committee (DPC) was held on 07.06.2018 and the case of the petitioner was not considered for promotion on the ground that she submitted the Class-XII passed certificate only. Accordingly, on the basis of the recommendation made by the DPC, held on 07.06.2003, the private respondent whose name appeared in S. No. 3 of the seniority list was promoted on 01.03.2009, on the ground that she is a graduate.”

4. It is the pleaded case of the petitioner that by the Notification, dated 28.01.2014, vide No. AR-74/2013/1258, the minimum qualification for appointment for Group A and Group B service, either by direct recruitment or on promotion, is to be Graduation/Bachelor Degree from any recognized University. However, the above notification, requiring minimum qualification for appointment for Group A and Group B service, either by direct recruitment or on promotion, is to be Graduation/Bachelor Degree from any recognized University, was suspended temporarily for a period of four years by another Office Memorandum, issued by the Commissioner to the Government of Arunachal Pradesh on 27.05.2015, vide Memo No. AR-74/2013/1258. As such, the petitioner was eligible for promotion to the post of Assistant by virtue of the seniority in the Department. Accordingly, the petitioner submitted a representation for review DPC before the Secretary Education on 11.02.2019, praying for a review DPC to consider her promotion to the post of Assistant. However, on 10.06.2019, the Secretary, Government of Arunachal Pradesh passed an order to the effect that as the suspension of requirement of a Graduation/Bachelor Degree from any recognized University, expired w.e.f. 27.05.2019, the earlier Notification dated 28.01.2014, shall come into force and as such there is no scope of relaxation and consideration with regard to the minimum educational qualification.

5. It is the further case of the petitioner that at the time of DPC meeting held on 07.06.2018, whereby private respondent was promoted to the Post of Assistant, for promotion to the Post of Assistant, the requirement of a Graduation/Bachelor Degree from any recognized University was not essential, but the case of the petitioner was not considered for promotion by the DPC. According to the petitioner, her name was at S. No. 2 in the feeder post of UDC, in terms of seniority and there two vacant posts of Assistant were available. However, the DPC held on 07.06.2018, did not consider the case of the petitioner for promotion, she being not a graduate.

6. Being aggrieved by the inaction of the respondent authorities, the petitioner approached this Court by filing the present petition to redress her grievance by giving