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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Manjusri Nayak W/o Shri Bhabendra Ch. Das – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment and promotion history. (Para 5 , 6 , 8) |
| 2. arguments regarding promotion qualifications. (Para 10 , 12 , 13) |
| 3. court's analysis on qualification requirements. (Para 17 , 18 , 21) |
| 4. court's ratio on meritorious promotion. (Para 22) |
| 5. final directive for promotion process. (Para 24) |
JUDGMENT :
RAJESH MAZUMDAR, J.
1. Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. R. Dhar, the Additional Senior Government Advocate appearing for the Assam State Development Corporation for Scheduled Castes Limited as well as Ms. P. Seyie, learned counsel appearing on behalf of Mr. R.M. Das, learned counsel for the respondent No.3.
2. Pursuant to the order dated 13.02.2026, this court had allowed the Secretary to the Government of Assam, Social Justice and Empowerment Department, to be impleaded as a party since the Additional Senior Government Advocate had clarified that the concerned department for the present matter is the Department of Social Justice and Empowerment.
3. Accordingly, on the 20th of February 2026, an amended cause title had been filed, and by the order dated 9/3/2026, this court had required the matter to be listed today,
Promotion rules of a public service entity do not require graduation for advancement when the governing rules do not explicitly mandate such qualifications, emphasizing merit and seniority.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
Promotions in public service must be based on the qualifications of candidates at the time of vacancy occurrence, and not on the timing of appointments or subsequent qualifications of other candidate....
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
The importance of the position in the Select List for promotion and the prospective application of statutes.
Fixing eligibility for a particular post or even for admission to a course falls within exclusive domain of legislature/executive and cannot be subject matter of judicial review.
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