Anup Jairam Bhambhani JUDGMENT
Anup Jairam Bhambhani, J.
CM APPL. No. 59788/2023
1. By way of the present application filed on the principles of section 151 of the Code of Civil Procedure 1908, the petitioner prays for a direction to respondents Nos. 1 and 2 to permit her to apply for, and appear in, the exam scheduled on 17.12.2023 as notified vide notice dated 15.11.2023 titled "Re: Promotion Exercise 2024-2025 within Class I Officers" as read with revised notice dated 16.11.2023 issued for that examination.
2. Notice on this application was issued on 22.11.2023.
3. Reply/counter-affidavit dated 30.11.2023 was filed on behalf of contesting respondents Nos.1 and 2.
4. Mr. Ravi Kumar, learned counsel appearing for the petitioner has submitted that vide order dated 21.07.2020 made in the present petition, this court had "protected the interest" of the petitioner insofar as promotion from Scale II to Scale III in the year 2020 is concerned, by observing as under :
" any further action of holding the interviews will be subject to the outcome of the present petition qua the Petitioner.
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5. Furthermore, counsel has pointed-out that vide order dated 10.09.2021, this court had observed as under :
"4. In fact, I note in an Intra-Court Appeal filed by the petitioner before the Division Bench, it is clearly observed that, in terms of order dated July 21, 2020 of this Court, the interest of the Petitioner is sufficiently protected. If that be so, I do not see any reason to entertain this application. The same is dismissed."
6. It has also been brought to the notice of this court that vide order dated 29.05.2023 made in LPA No. 469/2023, the Division Bench had observed as follows :
" In the considered opinion of this Court, the learned Single Judge was certainly justified in not staying the entire process of promotion which was being done for filling up 405 vacancies and has directed that all promotions will be subject to the final outcome of the Writ Petition."
7. Counsel has however urged, that if the petitioner is not permitted to apply for and appear in the exam scheduled on 17.12.2023, the protection so granted would become " vacuous and immaterial even if Petitioner succeeds in the present petition ".
8. Mr. Kumar has also submitted that if the petitioner is not permitted to take the exam scheduled on 17.12.2023, it would not be possible for the respondents to conduct a separate examination for her in isolation.
9. For clarity, it requires to be noted that the examination scheduled on 17.12.2023, which the petitioner seeks to appear for, is for promotion from Scale III to Scale IV.
10. On the other hand, Mr. Nikhil Jain, learned counsel appearing for respondents Nos. 1 and 2 has submitted, that it is settled law that for being able to apply for an examination, the intending applicant/candidate must fulfil the eligibility criteria for such examination. He has contended that the eligibility criteria for the examination in question are clearly set-out in notice dated 15.11.2023 as read with revised notice dated 16.11.2023. Mr. Jain has also drawn attention, in particular, to the following eligibility criteria prescribed in the aforesaid notices, in the backdrop of the admitted position that the petitioner is presently holding a job in Scale-II :
"Fast Track Channel:
For Promotion to the higher cadre up to Scale V, for Promotion Exercise 2024-25, an officer having completed minimum three years of continuous service as on 31st March, 2024 from the date of his selection to the existing cadre and qualified Associate from Insurance Institute of India (For promotion to Scale-II) as on 15.11.2023 and qualified Fellow from Insurance Instit........