Mandatory Consideration of Reservation Benefits in Promotions for Candidates Serving Under Open Merit Category

The applicant, an RBA (Reserved Backward Area) category candidate, was appointed as a Constable (Operator) in the Police Telecom Cadre in 2017 under the Open Merit category due to high merit, without utilizing reservation benefits.

He was promoted to Selection Grade Constable in 2020. While the tentative seniority list in 2025 omitted his RBA status, the final seniority list corrected this after his objections.

The applicant subsequently submitted a representation on January 13, 2026, seeking a one-time reservation benefit for promotion to Head Constable under the RBA quota.

Despite being eligible and having his RBA status recognized, he was ignored in the Promotion Order dated April 24, 2026, which promoted 161 of his colleagues.

The applicant approached the Tribunal seeking a direction to the respondents to consider his promotion under the RBA quota and convene a review Departmental Promotion Committee (DPC).

1. Whether the respondents are legally obligated to consider the applicant for promotion under the RBA category quota in light of Article 16(4A) of the Constitution of India.

2. Whether the pending representation of the applicant regarding his promotional benefits warrants a time-bound disposal by the competent authority.

Article 16(4A) of the Constitution of India, which provides for reservation in matters of promotion for Scheduled Castes and Scheduled Tribes (extended in principle to other reserved categories under state-specific policies in J&K).

The applicability of the Constitution of India in its entirety to the UT of J&K post-2019, establishing the constitutional basis for reservation in promotions.

The quashing of Circular No. 10-JK(GAD) of 2021 (which had previously stayed such promotions) by the CAT Jammu Bench, thereby removing legal barriers to considering reserved category promotions.

The Tribunal focused on the procedural lapse of the respondents in failing to decide upon the applicant's representation before issuing the mass promotion order.

The applicant argued that since he never availed himself of reservation benefits at the initial recruitment stage (due to selection on merit), he is entitled to the same at the promotional stage as per the prevailing policy.

The court noted that the respondents had already formally acknowledged the applicant's RBA status in the final seniority list.

Rather than adjudicating the merits of the promotion itself, the Tribunal found it appropriate to compel the administrative authorities to exercise their discretion and apply the existing reservation rules to the applicant's specific service record.

It directed the respondents to treat the O.A. as a formal representation and accord it due consideration based on the applicant’s eligibility and the applicable rules and regulations.

The respondents are ordered to pass a detailed, reasoned, and speaking order regarding the applicant’s claim for RBA-based promotion to Head Constable within eight weeks from the receipt of the certified order.