CCL. IVS GAHLOT versus UNION OF INDIA AND ORS.

Citation: [2018] 9 S.C.R. 462 · Decided: 06-08-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

Judgment (excerpt)

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[2018] 9 S.C.R.
COL. IVS GAHLOT
v.
UNION OF INDIA AND ORS.
(Civil Appeal No. 8047 of 2018)
AUGUST 06, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Medical Council of India Act, 1956 – s.11 r/w First Schedule
– Armed Forces Medical Services – Appellant, Colonel considered
for promotion to the rank of Brigadier, but not selected – O.A filed
by appellant contending that the promotion policy dated 14.01.2004
could not have been reviewed before five years and thus, the
amendment of said policy by Order dated 22.05.2006 was not valid
– O.A dismissed – On appeal, held: Stipulation in the policy dated
14.01.2004 that policy will be reviewed after five years was not a
fetter on right of the Government to review the policy – Further,
admittedly, the appellant was considered by the Promotion Board
on 15.11.2011 i.e. much after five years from the issue of the policy
on 14.01.2004 – At the time when appellant was considered the
amendment dated 22.05.2006 was in force – In the policy dated
14.01.2004, on any Ph.D. degree a candidate was eligible for grant
of three marks – However, after amendment by Order dated
22.05.2006, the eligibility was restricted to “Ph.D. recognised by
Medical Council of India” – No exception can be taken to the said
amendment – Section 11 provides for recognition of medical
qualifications granted by universities or medical institutions in India
– First Schedule to the Act contains list of universities and medical
institutions granting such recognised medical qualifications –
Berhampur University, from where the appellant obtained his Ph.D.
degree in Anthropology (Science) is also one of the universities
mentioned in the First Schedule – Various medical courses of
Berhampur University find place in the First Schedule but Ph.D. in
Anthropology(Science) is not included in the recognised medical
qualifications of Berhampur University – No fault found in the
restriction imposed by policy dated 22.05.2006 restricting award
of marks only to the Ph.D. degrees recognized by MCI – Further,
Certificate produced by the appellant also does not fulfill the
  [2018] 9 S.C.R. 462
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essential conditions as laid down in Order dated 22.05.2006 to
make the appellant eligible for one mark for two year full time
training program –  No error in the judgment of Armed Forces
Tribunal warranting interference – Service Law – Promotion –
Promotion Policy.
Service Law – Promotion policy – Change in – Held: It is the
authority of the employer to frame promotion policy for promotion
of its officers and employees –  When an employer has power to
frame policy it has inherent power to change the policy from time to
time.
Dismissing the appeal, the Court
HELD: 1.1 It is the authority of the employer to frame
promotion policy for promotion of its officers and employees.
When an employer has power to frame policy it has inherent power
to change the policy from time to time. The stipulation in the
policy dated 14.01.2004 that policy will be reviewed after five
years was in no manner a fetter on right of the Government to
review the policy as and when occasion arose. There was no
statutory restriction on the Government from reviewing the policy
even before five years. The view of the Tribunal that the policy
dated 14.01.2004 could have rightly been amended in the year
2006, is fully approved. [Paras 13, 14] [469-F-G; 470-F-G]
1.2 Admittedly the appellant came for consideration by the
Promotion Board on 15.11.2011 i.e. much after five years from
the issue of the policy on 14.01.2004. At the time when appellant
was considered the amendment dated 22.05.2006 was in force.
An officer has to be considered in accordance with the policy as
prevalent at the time of his consideration. Hence, no error is
found in consideration of the claim of the appellant as per the
amended policy dated 22.05.2006. [Para 15] [470-H; 471-A-B]
1.3 In the policy which was issued on 14.01.2004, on any
Ph.D. degree a candidate was eligible for grant of three marks.
Amendment made by Order dated 22.05.2006 the eligibility has
been restricted to “Doctor of Philosophy(Ph.D.) recognised by
Medical Council of India”. No exception can be taken to the
amendment by which only those Ph.D. degrees are eligible for
COL. IVS GAHLOT v. UNION OF INDIA AND ORS.
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one mark which are recognised by Medical Council of India.  There
is a rationale for restricting the award of ma

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