Recruitment Rules: Minimum Marks Not Applicable To Degree Holders Unless Expressly Stated.

The applicant, Himanshu Bakshi, was appointed as a Demonstrator (Electrical Engineering) on March 30, 2017.

He completed six years of service on March 30, 2023, making him eligible for promotion to Lecturer-I (Electrical Engineering) under the J&K Technical Education (Gazetted) Service Recruitment Rules, 2002 (SRO 328 dated 29.08.2002).

The Final Seniority List of Demonstrators (Electrical Engineering) issued on April 25, 2023, placed the applicant at Serial No. 3, while the private respondents promoted were at Serial Nos. 6, 7, and 8, indicating their juniority.

The respondents initiated the promotion process for Lecturer-I (Electrical Engineering) in March 2023, and the applicant's name was included in communications dated March 24, 2023, and July 7, 2023, for DPC consideration.

However, the applicant was excluded from DPC consideration on the ground that he had not secured a minimum of 60% marks in his Bachelor's Degree, a requirement which the applicant contended applied only to Diploma holders, not Degree holders.

The DPC, held on September 21, 2023, showed the applicant as "Not eligible" due to his 53.12% marks in his Degree, which was considered less than the required 60%.

Aggrieved, the applicant filed representations, and this Hon’ble Tribunal, on October 11, 2023, directed the respondents to decide his representation before convening the DPC.

Despite this, the respondents proceeded to promote two junior Demonstrators via Government Order No. 117-JK(DSD) of 2023 dated December 11, 2023.

The applicant challenged this in OA No. 1653/2023, and an interim order dated December 19, 2023, stayed the operation of the said Government Order.

Subsequently, the Department of Skill Development rejected the applicant's claim for promotion via Government Order No. 120-JK(DSD) of 2023 dated December 13, 2023.

Notwithstanding the pending OA and interim order, the respondents issued another Government Order No. 14-JK(DSD) of 2024 dated March 16, 2024, promoting additional junior Demonstrators (private respondent Nos. 4 to 6).

Both OAs address the legality of the applicant's exclusion and the validity of promotions of his juniors.

Whether the requirement of securing a minimum of 60% marks applies to Degree-holder Demonstrators for promotion to the post of Lecturer-I (Electrical Engineering) under the J&K Technical Education (Gazetted) Service Recruitment Rules, 2002 [SRO 328 dated 29.08.2002], or whether such condition is confined only to Diploma holders.

Whether the exclusion of the applicant from consideration for promotion to Lecturer-I (Electrical Engineering) on the ground of not securing 60% marks in his degree was legally tenable.

The court primarily applied the J&K Technical Education (Gazetted) Service Recruitment Rules, 2002, notified vide SRO 328 dated 29.08.2002.

Specifically, the rule stipulates that for promotion to Lecturer-I (Engineering) from Demonstrators/Drawing Instructors, six years’ experience is required for Degree holders, and eight years’ experience with minimum 60% marks is required for Diploma holders.

The court underscored the principle of statutory interpretation that eligibility conditions must be strictly construed, and neither the administration nor the court can add words to a rule that are not expressly provided.

It also referenced the principle that judicial interference with DPC recommendations is warranted if the decision is based on a misinterpretation of statutory rules or the exclusion of a candidate on a legally untenable ground.

The court analyzed the language of SRO 328 of 2002, finding that the phrase "with minimum 60% marks" is grammatically and structurally attached to the "Diploma holders" category and not to the "Degree holders" category.

The rules clearly bifurcate eligibility criteria between Degree holders (requiring six years’ experience) and Diploma holders (requiring eight years’ experience with minimum 60% marks).

The court noted that no part of the rule expressly mandates a minimum of 60% marks for Degree holders, and reading such a requirement into the rule would constitute impermissible judicial or administrative legislation.

Therefore, the DPC's decision to exclude the applicant on the ground that he secured only 53.12% marks in his Degree was based on an erroneous interpretation of the eligibility criteria and thus vitiated in law.

The court further held that while DPC recommendations are generally not interfered with, the current case fell under the exception where the decision was founded on a misinterpretation of statutory rules leading to the exclusion of an eligible candidate.

Consequently, the exclusion of the applicant from promotion consideration on this ground was not legally tenable.

The court set aside Government Order No. 14-JK(DSD) of 2024 dated March 16, 2024, insofar as it pertains to the Electrical Engineering stream and excludes the applicant's consideration on the ground of non-fulfilment of 60% marks in Degree.

The respondents were directed to convene a Review DPC within 12 weeks to reconsider the applicant's case, treating him as eligible upon completion of six years of service, without insisting on minimum 60% marks in Degree.

If found fit, the applicant is to be granted promotion with notional seniority and continuity of service from the date his immediate junior was promoted, with monetary benefits accruing from the date he actually assumes charge.

Both Original Applications were disposed of accordingly.