Governmental executive instructions can supplement existing recruitment rules to prescribe educational qualifications where such rules are silent, provided these instructions are not inconsistent with the statutory framework and do not violate the doctrine of occupied field.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. T. Tapak, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Government Advocate for the respondents.

Prayers:-

2. In this petition, under Article 226/227 of the Constitution of India, the petitioner has challenged the order No. YKG-555/2023, dated 14.07.2025, passed by the Deputy Commissioner, Yingkiong, Upper Siang District (DC hereinafter), whereby the petitioner herein was declared as not eligible to be promoted to the post of Political Assistant (PA hereinafter) and further, prayed for issuing direction to the respondent authorities to appoint the petitioner as PA before constitution of regular Departmental Promotion Committee (DPC hereinafter) in compliance of the Recruitment Rules.

Background facts:-

3. The background facts, leading to filing of this petition, are briefly stated as under:-

“The petitioner has been working as senior most Public Interpreter (PI hereinafter) in the Office of the DC.

He was initially appointed to the post of PI Grade – III, on 17.02.1993 and thereafter, he was promoted to the post of PI Grade – I.

The petitioner being the most senior member of PIGrade – I, working in the Office of the DC, is the fittest and most qualified candidate to be promoted to the post of PA, in terms of Recruitment Rules, dated 18.10.1976, he was under legitimate expectation to be promoted to the post of PA in the department of the respondents.

But, the respondent authorities have not promoted the petitioner to the post of PA and being aggrieved,he had filed one writ petition, being W.P.(C) No. 557/2023, before this Court and the said writ petition was disposed of with a direction to dispose of the pending representation of the petitioner in accordance with law.

Thereafter, the DC, being respondent No. 3, had disposed of the pending representation of the petitioner in terms of the order dated 14.07.2025, wherein the promotion of the petitioner to the post of PA has been denied on the ground that the petitioner cannot be promoted to the post of PA in terms of the standing Recruitment Rules, as because he has lack educational qualification of graduation, in term of the Office Memorandum (OM hereinafter) No. AR-74/2013/Vol-II, dated 29.08.2019 and its subsequent corrigendum, vide OM No. AR/85/2024/SECT-1-AR, dated 11.07.2024.”

Being aggrieved with the aforesaid order, the petitioner has approached this Court by filing the present petition with the aforementioned reliefs.

Submissions:-

4. Mr. Tapak, learned counsel for the petitioner, submits that while the Recruitment Rules is holding the field, the respondent authorities cannot issue Executive Order or OM to supersede/override the fundamental rules, when the appointment procedure of PA is clearly laid down in the Recruitment Rules.

4.1. Mr. Tapak has pointed out that the feeder cadre for the post of PA is PI Grade – I and that the petitioner has been working as PI Grade – I since long and he is the most suitable person for being promoted to the post of PA.

4.2. Mr. Tapak further submits that in the Recruitment Rules, which is annexed with the petition, as Annexure No. 5, at page No. 24, it is provided that appointment to the cadre of PA will be made from the serving interpreters Grade – I and area superintendents belonging to NEFA tribes on the agency level, taking due care that districts and tribes are duly represented in the service as far as possible on the basis of merit cum seniority,