Case Note & Summary
The petitioner, Ashokbhai Shankarbhai Patel, filed a Special Civil Application under Articles 14, 16, 21, and 226 of the Constitution of India before the Gujarat High Court. He sought a writ of mandamus directing the respondent authorities (State of Gujarat and others) to promote him to the post of Platoon Commander, including opening the result of the departmental examination for that post, and to correct his date of promotion to the post of Assistant Sub-Inspector (ASI) with effect from 23.05.2013 in his service record. The petitioner contended that he had fulfilled all the requirements and eligibility conditions for promotion to Platoon Commander. The respondents, represented by the Assistant Government Pleader, waived service of rule. After hearing both sides, the court found that the petitioner had made out a case for relief. The court allowed the petition, directing the respondents to consider the petitioner's case for promotion to Platoon Commander and to correct the date of promotion to ASI as prayed. The court also granted liberty to the petitioner to file a fresh representation if needed. The judgment was delivered by Justice Maulik J. Shelat on 05/02/2026.
Headnote
A) Service Law - Promotion - Platoon Commander - Eligibility - Petitioner sought mandamus for promotion to Platoon Commander and correction of date of promotion to ASI - Court held that petitioner fulfilled all eligibility conditions and directed respondents to consider his case and correct service record - Held that writ of mandamus is maintainable for enforcement of legal right (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to promotion to the post of Platoon Commander and correction of his date of promotion to ASI.
Final Decision
The petition is allowed. The respondents are directed to consider the petitioner's case for promotion to the post of Platoon Commander and to correct the date of promotion to ASI w.e.f. 23.05.2013 in the service record. Rule made absolute.
Law Points
- Promotion eligibility
- Departmental examination
- Mandamus
- Correction of service record
- Articles 14
- 16
- 21
- 226 of Constitution of India
