Uttarakhand High Court Puts Brakes on AIIMS Nursing Promotions Amid 'Own Merit' Clouds

In a swift intervention, the High Court of Uttarakhand at Nainital has stayed the holding of a Review Departmental Promotion Committee (DPC) at AIIMS Rishikesh for promoting Nursing Officers to Senior Nursing Officers for the panel years 2022 and 2023. The bench, led by Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay , set aside a Central Administrative Tribunal (CAT) order denying interim relief to general category petitioners, emphasizing an ongoing Supreme Court matter and a key undertaking by the Solicitor General.

This ruling, delivered on May 12, 2026, in Writ Petition (S/B) No. 250 of 2025 ( Aniruddha Sharma & others vs. Union of India & others ), underscores the binding nature of judicial undertakings in reservation-linked promotions.

Roots of the Promotion Standoff

The dispute traces back to orders dated March 10, 2026 (from respondent no.1) and August 29, 2025 (from respondent no.2), directing a Review DPC based on the 'own merit' principle. Petitioners—Senior Nursing Officers and Nursing Officers at AIIMS Rishikesh, all from the general category—feared this would allow reserved category juniors to leapfrog them into unreserved posts, threatening their seniority.

Some petitioners had previously been promoted to Senior Nursing Officer roles against unreserved vacancies. The flashpoint: the 'own merit' concept from a 2010 Office Memorandum (OM), quashed by the Punjab & Haryana High Court, now sub-judice in Supreme Court SLP No. 30621/2011 ( Jarnail Singh & others vs. Lachhmi Narain Gupta & others ).

A 2015 Supreme Court interim order mandated status quo on promotions covered by the impugned judgment. Contempt proceedings followed, where the Solicitor General undertook no further promotions of reserved category candidates to unreserved posts. This led to DoPT's OM dated September 30, 2016, reinforcing the freeze.

Petitioners' Alarm vs. Respondents' Caution

Petitioners argued the Review DPC under 'own merit' would breach the Supreme Court order and undertaking, potentially promoting juniors over seniors. They sought to restrain the DPC entirely, highlighting CAT's rejection of interim relief on April 7, 2026, despite the main OA fixed for May 20, 2026.

Counsel for Union of India and AIIMS Rishikesh conceded the issue's pendency before the Supreme Court and the Solicitor General's undertaking. CAT had dismissed interim prayers, viewing them as premature since no promotions had occurred yet. Undisputed facts: the impugned orders explicitly called for Review DPC, risking violation of the 2016 DoPT OM.

Navigating Supreme Shadows: Court's Sharp Reasoning

The High Court leaned heavily on the Supreme Court's 2015 status quo order, contempt undertakings, and the 2016 DoPT OM prohibiting reserved category promotions to unreserved posts on 'own merit'. Noting the CAT hearing's proximity (May 20, 2026), the bench found it prudent to pause the DPC, preventing irreparable harm to general category seniority.

This aligns with reports from legal circles that the Uttarakhand High Court explicitly halted such Review DPCs at AIIMS Rishikesh, including reserved-to-unreserved shifts on 'own merit', safeguarding the judicial freeze.

Key Observations from the Bench

  • On the stay's rationale : "till the time the main matter is decided, the holding of Review DPC on the concept/ principle of ‘own merit’ should be kept in abeyance, having regard to the O.M. dated 30.09.2016, issued by the Government of India in a similar situation." ( Para 8 )

  • Respondents' admission : "Learned counsel appearing on behalf of the Union of India and AIIMS Rishikesh, do not dispute that the issue relating to merit promotion... is sub-judice before the Supreme Court and wherein an undertaking was given..." ( Para 7 )

  • Petitioners' core fear : "...in case Review DPC is conducted on the principle of ‘own merit’, it would result in promotion of officers junior to them..." ( Para 2 )

A Temporary Truce with Lasting Echoes

The writ petition was disposed of, with the CAT order set aside and directions for the Tribunal to decide the main matter expeditiously—petitioners barred from seeking unnecessary adjournments. Practically, this freezes the Review DPC until May 20, 2026, protecting general category positions amid reservation debates.

For AIIMS Rishikesh staff, it means no immediate promotions on 'own merit', buying time for Supreme Court clarity. Broader implications? Reinforces the weight of interim orders and undertakings in service jurisprudence, potentially influencing similar DPCs nationwide until the apex court rules.