Where promotion rules mandate a technical training qualification without providing a clear definition, courts must direct the executive authority to interpret and define the requirement rather than substituting a judicial interpretation of specialized departmental obligations.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Central Government Counsel for the respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to grant her promotion to the post of Deputy Commandant (Senior Dental Surgeon) with retrospective effect, w.e.f. 29.11.2024 along with all consequential benefits as per her seniority.

3. The case, in brief, is that the petitioner was enrolled in the Assam Rifles on 29.11.2010 as an Assistant Commandant (Dental Surgeon) as per the Central Paramilitary Forces Combined (Dental Surgeon Cadre) Recruitment Rules, 2010 (hereinafter referred to as ‘Recruitment Rules, 2010’ in short). After completion of basic military training from 06.12.2010 to 20.12.2010, she was posted to 9th Dental Unit Assam Rifles and thereafter, posted at various places in the North Eastern Region of India.

4. While serving as Assistant Commandant (Dental Surgeon), a baby boy was born to the petitioner on 01.02.2013. In the meantime, the respondent authorities have detailed the petitioner to undergo the Medical Officers’ Basic Course (MOBC in short) at Officer Training College, AMC Centre & College, Lucknow. However, the petitioner, vide W.T. message dated 16.12.2013, submitted her unwillingness to attend the said course due to the birth of her baby as the doctor advised her to avoid hard physical activities for at least one & half year. Subsequently, the petitioner applied for Child Care Leave and accordingly, she was granted Child Care Leave for 580 days w.e.f. 18.07.2014 to 17.02.2016. Upon her rejoining, the petitioner was again detailed for MOBC at AMC Centre and College, Lucknow, wherein she underwent the said course of MOBC from 18.02.2016 to 20.04.2016 and successfully completed the same with over all “B” grading.

5. Thereafter, the petitioner was promoted to the rank of Deputy Commandant (Senior Dental Surgeon) vide dated 02.06.2016 w.e.f. 02.06.2016. The petitioner submitted a representation on 15.06.2017 stating that as per the Recruitment Rules, 2010, the criteria for promotion from Assistant Commandant (Dental Surgeon) to Deputy Commandant (Senior Dental Surgeon) is completion of 4 (four) years of service in the grade and being in medical category SHAPE-I, and on completion of Basic Combatisation Training.

6. It is the specific case of the petitioner that she had already undergone basic military training at the Assam Rifles Training Centre & School from 06.12.2010 to 20.12.2010 and therefore, upon completion of 4 (four) years of service, she became entitled to promotion w.e.f. 29.11.2014. The representation of the petitioner was rejected by the respondent authorities. The petitioner thereafter, submitted another representation for reconsideration of her promotion as no clear cut grounds were provided for rejecting the grievance of the petitioner as the rejection only reflected that the promotion from Assistant Commandant (Dental Surgeon) to Deputy Commandant (Senior Dental Surgeon) can be done only upon fulfilment of the complete eligible criteria prescribed in the Recruitment Rules, including the prescribed training requirement.

7. In r