Promotion from a select list is contingent upon the availability of vacant posts based on merit.

The seven petitioners, serving as Constables in District Gariyaband, participated in a Departmental Promotion Examination for the post of Head Constable. Following a written examination, a select list was published on 14.10.2021

While some candidates from the list were promoted, the petitioners were not. The petitioners approached the High Court seeking a direction to the respondents to consider their cases for promotion based on the 2021 select list

The State contended that promotions are granted based on merit and the availability of vacancies over time, noting that 11 posts remained vacant and candidates senior to the petitioners or higher on the merit list were being prioritized

1. Whether the petitioners are entitled to a writ of mandamus directing the State to grant them immediate promotion to the post of Head Constable based on their inclusion in the 2021 select list

The Court applied the principle that inclusion in a select list does not confer an absolute right to promotion; rather, promotion is subject to the availability of vacancies and the candidate's position in the order of merit/seniority within that list

The court relied on the administrative procedure where a promotion committee finalizes appointments from an eligibility list as vacancies arise "every year" to maintain seniority and administrative setup

The Court examined the State’s responsive pleadings (paragraphs 5, 6, and 7 of the State's reply), which detailed the status of vacancies in District Gariyaband

The State clarified that petitioners held serial numbers starting from 105 to 146, while current promotions had reached up to serial number 83

The Court noted the State's categorical undertaking that the 2021 select list would be utilized as and when vacancies arise until the list is exhausted. Since the State affirmed that the petitioners would be given preference according to their rank in the final eligibility list dated 31.08.2021 as future vacancies occur, the Court found that there was no immediate grievance requiring judicial intervention or adjudication

The writ petition was disposed of with the observation that the petitioners are at liberty to initiate fresh proceedings should any future exigency or grievance arise regarding the promotion process