Case Note & Summary
The dispute arose from the dismissal of a Special Appeal by the State of U.P. against a High Court order that quashed eligibility lists for promotion to Chief Engineer (Civil) Level-II. The original writ petitioners, serving as Superintending Engineers, sought promotion but were excluded from eligibility lists due to not meeting the 25-year service requirement as per the U.P. Service of Engineers (Irrigation Department) (Group A) Service Rules, 1990. The State Government's Relaxation Rules, 2006 allowed for discretionary relaxation of service requirements, but the original petitioners claimed entitlement to this relaxation. The learned Single Judge of the High Court issued a writ of mandamus to include the petitioners in the eligibility list, which the State contested. The Supreme Court found that the High Court erred in its judgment, emphasizing that the eligibility lists were prepared correctly according to the statutory rules and that the relaxation was not a right but a discretionary power of the competent authority. Consequently, the Supreme Court quashed the High Court's orders and dismissed the writ petition filed by the original petitioners, allowing the appeal without costs.
Headnote
A) Administrative Law - Promotion Eligibility - Quashing of Eligibility Lists - U.P. Service of Engineers (Irrigation Department) (Group A) Service Rules, 1990, Rule 5(iii) - The original writ petitioners did not fulfill the eligibility criteria of completing 25 years of service for promotion to Chief Engineer. The High Court's order to grant relaxation was found to be erroneous as the relaxation under the Rules is discretionary and not a matter of right. Held that the eligibility lists were prepared in accordance with the statutory provisions (Paras 7-8).
Issue of Consideration
Whether the High Court erred in quashing the eligibility lists for promotion to the post of Chief Engineer and directing relaxation in qualifying service.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's orders, and dismissed the writ petition filed by the original writ petitioners, stating that the eligibility lists were prepared in accordance with the statutory provisions.
Law Points
- Eligibility criteria
- promotion rules
- relaxation in qualifying service
- writ of mandamus
- discretionary powers
