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2025 Supreme(Mad) 5294

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. Vinod Kumar, J.
A. Karunanithi - Petitioner
Versus
The Director General of Police - Respondent
W.P.No.18679 of 2019
Decided On : 19-12-2025

Advocates Appeared:
For the Petitioner: Ms.S.Swetha for Mr.A.Amalraj
For the Respondent: Mrs.V.Yamuna Devi, Special Government Pleader, Mr.P.Muthukrishnan

Promotion challenges based on delayed claims are subject to dismissal due to delay and laches, reinforcing the principle that timely objections are crucial in promotion-related disputes.

Headnote:(A) Constitution of India - Article 226 - Promotion procedures - Petition challenging the selection of a junior for promotion as Sub-Inspector of Police based on alleged irregularities and delayed objections dismissed due to inordinate delay - The principles of delay and laches apply where a stale claim is raised undermining settled promotions. (Paras 22-24)

(B) Judicial Review - Scope of judicial review in promotion matters - Courts should exercise discretion to refuse claims that arise long after the promotion of an individual. (Paras 22-24)

Facts of the case:
The petitioners, having been promoted in a hierarchical police structure, contested the promotion of a junior officer based on marked irregularities, notably the unfair awarding of points during selection. Their claims were presented over a decade post-promotion.

Findings of Court:
The writ petition suffers from significant delay and laches, as the petitioners waited over 15 years to challenge the selection, and thus cannot revive a stale claim.

Issues: The main issue addressed is the timeliness of raising challenges to promotion processes and the consequences of delay in such challenges.

Ratio Decidendi: The court reiterated that under the settled legal position, claims related to promotions should be raised within a reasonable timeframe; otherwise, they become stale. Delay and acceptance of prior decisions would lead to waiver of rights.

Result: Writ petition dismissed.

Table of Content
1. petitioners challenge selection process due to irregularities. (Para 2 , 8 , 10 , 11)
2. eligibility for promotion based on merits and irregularities in selection. (Para 3 , 4 , 5 , 6)
3. judgments on timeliness and legality of claims detrimental to petitioners. (Para 18 , 19)
4. delay and laches affect the right to challenge promotions. (Para 20 , 21 , 22)
5. writ petition dismissed due to lack of merit and delay. (Para 25)

ORDER :

T. Vinod Kumar, J.

Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned counsel for the 5th respondent and perused the record.

2. The petitioners by the present writ petition have assailed the indifference approach of the respondents No.2 to 4 in the matter of selection to the post of Sub-Inspector of Police in the year 2004, despite admitting to in unequivocal terms the irregularities committed in the selection of the 5th respondent to the aforesaid vacancy and refusing to cancel the selection of the 5th respondent or to order fresh selection and instead, justifying the selection of the 5th respondent with vague reason.

3. The case of the petitioners in brief is that they are the selected Grade-II constables of 1988 batch attached to the Armed Reserve Police Force; that they were promoted as Grade –I Police Constables in the year 1991 and posted in same Force; that they were further promoted as per order of Seniority to Head Constable in the year 1994 -1995; and that they became eligible for further promotion as Sub-Inspector of Police on completion of 2 years of service as Head Constable.

4. It is the further case of the petitioners that though they have been permitted to appear for Selection Board, in the year 2000 to undergo the selection process, they were not selected to the post of Sub-Inspector of Police on the ground that they have not secured the required marks and also on the ground of seniority when compared to the other selectees.

5. The petitioners further contend that pursuant to memorandum dated 01.05.2004, “C” list of Head Constables (Armed Reserve) fit for promotion as Sub-Inspector of Police (Armed Reserve) for the year 2003 was issued by the first respondent to fill up 94 vacancies in 14 Ranges including Coimbatore Range; that the disputed selection was made by the respondents No.2 and 3 to fill up one post of Sub-Inspector of Police in the Coimbatore Range consisting of 3 Districts; that the 1st petitioner had the merit and ability which are the basic and fundamental yardstick for the selection and seniority being considered only where merit and ability are approximately equal, the first respondent vide notification/memorandum dated 01.05.2004 had prescribed the relevant criteria for selection/consideration based on the marks to be secured whereunder marks were required to be awarded under six(6) heads in all aggregating to 100 marks with highest marks being for written test and Annual Confidential Report; that the Promotion Board contrary to the criteria laid down for the award of marks on six (6) parameters by floating all norms and procedures and by manipulating records, awarded extra marks to the 6th respondent than the marks/criteria prescribed under notification/memorandum dated 01.05.2004; that the foul play as resorted to by the respondents is evident from the 6th respondent Annual Confidential Report; and that the respondents only to favour 5th respondent has resorted to the aforesaid action, thereby, denying the promotion to the first petitioner who was otherwise entitled to be considered and granted promotion.

6. It is the further case of the petitioners that the 6th respondent Annual Confidential Report has been manipulated by altering the actual date of promotion; that the 6th respondent taking advantage of his duties as a Writer attached to Deputy Superintendent of Police (Station House Officer, Armed Reserve) had managed to secure ‘3 outstanding entries’ from 01.04.199

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