Judgment

In this writ petition, non-recommendation of the petitioner for promotion to the post of Subedar (GD) by the Departmental Promotion Committee (for short 'DPC') held in the year 2012 for the vacancy year 2012 is challenged on the inter-alia grounds:- (i) the petitioner had fulfilled all eligible criteria for promotion to the post of Subedar (GD) as on 01.01.2012 and also on the date of holding the DPC for the vacancy year 2012 (ii) the concerned authority had wrongly made the recording or grading i.e. "Not Recommended for promotion" in the ACR for the year 2010 inasmuch as, that recording is in violation of the Record Office Instruction of the Directorate General, Assam Rifles i.e. (No. 4/97) and (iii) adverse entry in the ACR "Not Recommended for promotion" for the year 2010 was also not communicated to the writ petitioner and prayed for a direction to the respondents to consider his case for promotion to the post of Subedar (GD) for the vacancy year 2012 by holding review DPC basing on the relevant requirement prevailing at that time w.e.f. his juniors i.e. respondents No. 6-13 were promoted to the posts of Subedar (GD). Heard Mr. N. Mozika, learned