The judgment established the principle that the introduction of new eligibility criteria should not unfairly affect individuals who were promoted before the implementation of such criteria, especially when the criteria were not essential at the time of their initial promotion.

1. Long after a person was promoted to a certain post, rules were framed fixing the eligibility criteria for that post. But the rules would naturally be prospective and the promotion was allowed long ago. Hence, the promotee, though he did not possess the qualification laid down under the rules, was left undisturbed. The trouble, however, arose when the occasion came for promotion to the next higher post.

2. The rules require the higher post to be filled up by promotion, with no additional qualifications needed, from amongst those holding the post in question for a period of not less than five years. Now this person is told that he would not be considered for the promotion because he does not possess the qualification for the post that he is holding. I should have said, without giving much thought that such a stand would be highly unreasonable and unjust to the person holding the post for long and from a point of time much before the eligibility criteria came to be prescribed under the rules. But the issue needs a careful consideration because two learned Single Judges of the Court seem to have taken opposite view in the matter.

3. The material facts are very brief and without controversy. The appellant and respondent No. 1 (writ petitioner) are both members of the J&K Engineering Subordinate Service. Respondent no. 1 was promoted as Head Assistant by order No.PW-130 of 1981 dated July 21, 1981. He had not passed the Secretariat Assistant Training Course but at that time the passing of the course was not an essential condition for promotion as Head Assistant. Here it needs to be made clear that promotion allowed to him was perfectly in order and admittedly it did not suffer from any flaw or lacuna. About sixteen years later, the State Government framed the J&K Engineering (Subordinate Services) Recruitment Rules under SRO 180 that was notified on May 26, 1997. Rule 5 laid down the qualifications and method of recruitment and provided that no person would be eligible for appointment or promotion to any post in any class, category or grade in the service unless he possessed the qualifications as laid down in Schedule II-A and II-B annexed to the rules and fulfilled other requirements of recruitment as provided in the rules and orders for the time being in force. Schedule II-B, dealing with the ministerial staff, in so far as relevant, is reproduced below:

4. The Rules make it clear that Section Officer can be appointed in promotion from Head Assistants, subject to the condition of 5 years qualifying service on that post. Similarly, Head Assistant can be appointed by promotion from Senior Assistants and Storekeepers (Class III categories), subject to the conditions of having passed the Secretariat Assistant Training Course and completed qualifying service of four years on either of those posts.

5. Respondent no. 1 undeniably satisfies the condition for being considered for promotion as Section Officer; he has completed the qualifying service of five years as Head Assistant several times over since 1981. But not having done the Secretariat Assistant Training Course, he does not fulfill the condition for appointment as Head Assistant in terms of the 1997 Rules. Here it may further be stated that when vacancy arose in the post of Section Officer, respondent no. 1, being the senior most Head Assistant, was asked to work as Section officer but when the occasion came for making regular promotion to the post, objections were raised that since he had not passed the Secretariat Assistant Training