Review DPC on 'own merit' principle stayed pending adjudication of reserved category promotions to unreserved posts.

The petitioners, Senior Nursing Officers and Nursing Officers at AIIMS, Rishikesh, challenged orders dated 10.03.2026 and 29.08.2025 which directed the holding of a Review Departmental Promotion Committee (DPC) for the years 2022 and 2023.

The Review DPC aimed to apply the principle of "own merit" (promoting reserved category candidates against unreserved posts based on merit), which the petitioners argued would lead to the promotion of juniors.

The Central Administrative Tribunal (CAT), Principal Bench, rejected the petitioners' prayer for interim relief on 07.04.2026, stating the action was preemptive as no promotions had yet occurred.

The petitioners approached the High Court seeking to stay the Review DPC pending a final decision by the Tribunal.

1. Whether the holding of a Review DPC based on the "own merit" principle should be stayed while the legality of that principle remains sub-judice before the Supreme Court.

2. Whether the Tribunal erred in refusing interim relief on the ground that the apprehended injury was premature.

Office Memorandum (OM) dated 30.09.2016 issued by the Department of Personnel and Training (DoPT), which directed that no further promotions of reserved category persons to unreserved posts be made based on the 10.08.2010 OM.

Interim status quo order by the Supreme Court dated 03.02.2015 in Jarnail Singh others v. Lachhmi Narain Gupta others (SLP No. 30621 of 2011) and a subsequent undertaking by the Solicitor General of India that such promotions would be stayed pending the resolution of contempt proceedings.

The Court observed that the core legal issue regarding "merit promotion" is currently under consideration by the Supreme Court in the Jarnail Singh case.

The Court noted that the Union of India did not dispute the existence of the Solicitor General’s undertaking or the sub-judice status of the principle.

While the Tribunal had dismissed the interim prayer as "preempting action," the High Court reasoned that since the impugned orders specifically directed the holding of a Review DPC based on "own merit," and since the DoPT’s own 2016 OM (issued in light of Supreme Court proceedings) prohibited such promotions, the process should be kept in abeyance to maintain consistency with the Government’s standing undertaking.

The High Court found that the balance of convenience favored staying the Review DPC until the Tribunal could decide the main matter.

It directed that the holding of the Review DPC on the concept of "own merit" be kept in abeyance until the Tribunal decides the main matter (O.A./1242/2026).

The Tribunal was directed to decide the final matter on the scheduled date of 20th May 2026, with instructions to the petitioners not to seek unnecessary adjournments.

The writ petition was disposed of accordingly.