Employees denied promotion due to an exhausted quota may compete for direct recruitment if otherwise eligible.

The applicants, Junior Engineers (Civil/Electrical) serving under the Central Agricultural University, challenged the amended Recruitment Rules dated 18.10.2023, Advertisement No. 4/2023 dated 30.10.2023, addendum dated 30.11.2023, and rejection order dated 22.12.2023.

They contended that, despite possessing engineering degrees and approximately 11 years of service, they were denied consideration for promotion to Assistant Engineer, while the impugned advertisement proposed direct recruitment to the post.

They further argued that the amended Rules had not been gazetted as required under Section 43(2) of the Central Agricultural University Act, 1992, and therefore could not lawfully form the basis of recruitment.

The University contended that the amended Ordinance had come into force immediately upon issuance under Section 40(6) of the Statutes framed under the CAU Act, 1992.

Out of 10 sanctioned Assistant Engineer posts, six had already been filled by promotion; accordingly, recruitment to three posts through the direct-recruitment quota was permissible.

Whether the amended Recruitment Rules dated 18.10.2023 could be acted upon before their Gazette notification, and whether Advertisement No. 4/2023 issued under those Rules was invalid for that reason.

Whether the advertisement for direct recruitment to the post of Assistant Engineer unlawfully impaired the applicants’ promotional avenue under Articles 14 and 16 of the Constitution.

Whether the applicants could participate in the direct-recruitment process notwithstanding their claim to consideration for promotion.

The Tribunal applied Section 40(6) of the Statutes under the Central Agricultural University Act, 1992, which provides that an Ordinance comes into effect immediately upon issuance.

It also considered Section 43(2) of the CAU Act concerning Gazette notification of University rules and ordinances.

The applicable Recruitment Rules prescribed that 50% of the Assistant Engineer posts were to be filled by promotion and the remaining 50% by direct recruitment.

The Tribunal further applied the principle that mere stagnation or lack of promotion does not, by itself, invalidate an otherwise applicable recruitment rule under Articles 14 and 16; however, administrative action must remain consistent with the governing recruitment framework.

The Tribunal found that the amended Rules did not alter the method of recruitment insofar as promotion was concerned: both the old and new regimes reserved 50% of the Assistant Engineer posts for promotion and 50% for direct recruitment.

Since six of the ten sanctioned posts had already been filled by promotion—exceeding the prescribed promotional quota of five—the University was entitled to fill vacancies through direct recruitment.

Consequently, the advertisement could not be treated as an unlawful deprivation of the applicants’ promotional quota, and their prolonged service or stagnation did not invalidate the Rules.

Nevertheless, because the applicants had not been considered by the Departmental Promotion Committee on the ground that the promotional quota had been exhausted, the Tribunal held that their career progression should not be wholly foreclosed.

It therefore permitted them to compete through the open direct-recruitment channel, subject to compliance with the eligibility requirements.

It held that the University could proceed with direct recruitment because the promotional quota had already been exhausted and the Rules maintained an equal 50:50 distribution between promotion and direct recruitment.

However, the applicants were permitted to participate in the direct-recruitment process for Assistant Engineer (Civil/Electrical) under Advertisement No. 4/2023 on an equal footing with open-market candidates.

The respondents were directed to accept and process their applications, provided the applicants satisfied the applicable Rules and advertisement conditions.

The O.A. was accordingly disposed of, with no order as to costs.