UNION OF INDIA AND ORS. versus LT. GENERAL RAJENDRA SINGH KADYAN AND ANR.

Citation: [2000] SUPP. 1 S.C.R. 722 · Decided: 28-07-2000 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
D 
UNION OF INDIA AND ORS. 
v. 
LT. GENERAL RAJENDRA SINGH KADY AN AND ANR. 
JULY 28, 2000 
[DR. A.S. ANAND, CJ., S. RAJENDRA BABU AND 
DORAISWAMY RAJU, JJ.] 
Service Law: 
Promotion-Selection or non-selection post-Determination of-
Seniority-cum-fitness, seniority-cum-merit, merit-cum-suitability with due 
regard to seniority are criteria for selection-If involves comparative 
assessment of officers, it is merit-cum-suitability criteria-Thus, a selection 
post. 
Army Commander-Criteria for appointment of-Purported to be issued 
under the orders of the President of India-Stipulates that an officer should 
be fit in every respect for appointment-Equal pay but not the status of Army 
Commander will be given to those General Officers who are found fit lo hold 
the appointment but are not selected because of the revision in the criteria--
E Held, post of Army Commander is a selection post and not a post merely 
based on seniority. 
Additional criteria for appointment-Experience of commander corps 
for al least one year-No waiver allowed without prior concurrence of the 
Government-officer with experience of five months and seven days-Waiver 
F of six months granted by Government-Thus, on facts the officer failed to 
complete the period of one year of experience as corps commander. 
Promotion to selection post-Contention that the choice cannot be 
restricted to two candidates when there are as many as nine candidates 
G eligible for consideration-Held, not correct because others have not made 
a complaint. 
Annual confidential report-One of the factors and not the sole factor 
to be considered by the selection authority-Further, reliance on annual 
confidential report is not justified because selection involves comparative 
H assessment of officers. 
722 
.-
, 
U.0.1. v LT. GENERAL RAJENDRA SINGH KADY AN 
723 
Administrative law- Judicial review of administrative decisions- A 
When entire service profiles considered by the authorities concerned court 
cannot substitute its own views-Constitutio_n of India, Articles 227 and 136. 
Words and Phrases: 
'Fit', eligible and 'select'-Meaning of in the context of service B 
Jurisprudence. 
Respondent No. I challenged the appointments of respondent no. 2 as 
the Army Commander on the ground that he is the senior most eligible officer 
to be appointed to the post. High Court treating the post as a non-selection 
post be filled on the basis of seniority quashed the appointment of respondent C 
no. 2. In appeal, the Division Bench concurred with the Single judge. Hence 
these appeals. 
Allowing the appeals, the Court 
HELD: I.I. In deciding whether a post is a selection post or not, one of 
the criteria to be considered is if it involves a comparative assessment of D 
officers, necessarily the element of selection is involved and, therefore, the 
post of Army Commander is selection post although not totally ignoring 
seniority. (741-D-E) 
1.2 Selection for promotion is based on different criteria depending upon 
the nature of the post and requirements of the service. Wherever fitness is E 
stipulated as the basis of selection, it is a non-selection post to be filled on 
the basis of seniority subject to rejection of the unfit. 'Seniority cum merit 
postulates the requirement of certain minimum merit or satisfying a 
benchmark previously fixed. Subject to fulfilling this requirement the 
promotion is based on seniority. Merit cum suitability with due regard to F 
seniority as prescribed in the case of promotion to All India Services involves 
assessment of comparative merit of all eligible candidates, and selecting the 
best out ofthem. (734-8-C) 
1.3. The letter purported to be issued under the orders of the President 
of India states that "an officer should be fit in every respect for such G 
appointment" not meaning thereby that he must be physically fit or mentally 
fit but in every other respect. Pay but not the status of Army Commander will 
be given to those General Officers who are found fit to hold the appointment 
but are not selected because of the revision in the criteria is a clear indication 
that the post of Army Commander is a selection post and not a mere promotion 
post on the basis of seniority. Further, the nature of rigorous standards adopted H 
n4 
SUPREME COURT REPORTS [2000) SUPP. I S.C.R. 
A in the matter of selection of officers from the stage of Lt. Colonel onwards 
upto the stage of Lt. general in the usual course it may be that the senior 
most of

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