Srinagar: Observing that framing of promotional policy is exclusively within the domain of concerned authority, the High Court of J&K and Ladakh has said that there is “sound logic” in the criteria regarding the promotion to the post of Assistant Registrar fixed by the University of Kashmir.
A bench of Justice Sanjay Dhar upheld the policy while dismissing a petition filed by a number of persons working as Senior Personal Assistants, challenging the criteria framed by the University for the promotion to the post of Assistant Registrar in the varsity. The petitioners had also sought a direction to fix the criteria for promotion to the post of Assistant Registrar from amongst Section Officers and Senior Personal Assistants on equal ratio basis.
On the other hand, the University said the total sanctioned strength of Section Officers is 76 whereas sanctioned strength of Senior Personal Assistants is 09 and the sanctioned strength of Legal Assistants is 03.
“Thus, if we take the sanctioned strength of Section Officers as 76, sanctioned strength of Senior Personal Assistants as 09 and that of Legal Assistants as 03, the ratio works out to 76:9:3. The same is approximately equivalent to 9:2:1,” the court said, adding, “Therefore, it cannot be stated that the respondents (university) have, by fixing the criteria, acted in an arbitrary or irrational manner.”
The petitioners, therefore, cannot have any grievance against the same merely because the chances of their promotion may have been reduced as compared to their chances when the Law Officers/Legal Assistants were not included in the feeding cadre for promotion to the posts of Assistant Registrars.
The court underlined that the Rules or executive instructions issued by the Executive in exercise of its lawful powers, cannot be interfered with by the Courts unless these Rules or executive instructions are arbitrary or irrational. “It is not within the domain of the courts to determine as to whether the recruitment/promotion rules or instructions framed in a particular manner are acceptable or not,” the court said, adding, “The Courts can interfere, if such rules/executive instructions are absolutely capricious or are not informed by reasons.”
The court said that direction cannot be issued by Courts to the State or its authorities to frame promotion rules or policies in a particular manner. “Framing of promotional policy is exclusively within the domain of the concerned authority,” the court said.
Framing Promotional Policy Within Domain Of Concerned Authority: HC
