JUDGMENT :

L. NAGESWARA RAO, J.

1. Whether the non-empanelment of the Appellant for promotion to the rank of Major General was contrary to the promotion policy is the question that arises for consideration in the above Appeal.

2. The Appellant was commissioned in the Mechanised Infantry of Indian Army on 13.06.1981 and was subsequently transferred to the Corps of Intelligence in May, 1991. He was promoted as a Brigadier in September, 2008. His empanelment for promotion to the rank of Major General was placed before the Members of Selection Board on 24.04.2015. On 31.07.2015, he was declared as having not been empanelled for promotion to the rank of Major General. Being aggrieved by his non-empanelment, he filed Original Application No.64 of 2015 before the Armed Forces Tribunal, Regional Bench, Mumbai seeking the following relief:

“(a) Setting aside of the unpublished/unnotified policy of the respondents, if any, whereby the service profile/quantified merit of a candidate for promotion is required to be compared with that of the previous/earlier batch;

(b) Direction commanding the respondents to review their decision with regard to non-empanelment of the applicant for the said promoti