Withdrawal Of Earlier Notification For Departmental Promotion & Issuing Fresh Notification Under Amended Rules Is Not Mala Fide: J&K High Court

The Jammu and Kashmir High Court held that the university can issue a fresh notification for initiating the departmental promotions under amended rules pending the finalization of the process of promotion issued under the previous rules.

The above orders came while the court was hearing the challenge by the petitioner against the fresh notification issued by the respondent University requiring the departmental promotion, in which promotional test was already conducted, to be initiated under amended rules.

A bench of Justice Sanjay Dhar observed that employees do not acquire the vested right for the posts to be filed in accordance with the repealed rules which were applicable at the time posts were earlier advertised.

The court relied on the Supreme Court judgement in State of Himachal Pradesh and others vs. Raj Kumar and others wherein the court held that the vacancies which occurred prior to the amended rules would be governed by the old rules and not by the amended rules”, does not reflect the correct proposition of law governing services.

The court therefore held that the rules which are in vogue at the time of consideration for appointment are to be applied and not the rules in force at the time of accrual of the vacancies.

The court said that the university was justified in issuing fresh notification under amended rules as the earlier appointment process was stalled due to COVID-19 pandemic and thereafter the vice chancellor's term being extended without delegating to him the power of making appointment.

The court added that it was during this time the amended rules were adopted in. 2022 which became the basis for issuing fresh notification while repealing the previous notification.

The petitioner had also relied on office memorandum to contend that the rules in force at the time of the vacancy had to be applied. The court responded that the office memorandum was merely instructions for the guidance of the central government and had no binding effect.

The court added that the office memorandum in stating this rule had relied on the supreme court judgement which stands overruled.

BACKGROUND

The petitioner has filed two writ petitions challenging two notifications issued by the respondent-University regarding the promotion-based recruitment of an Assistant Registrar from among its internal regular non-teaching staff.

The first notification, dated 03.08.2023, and the second, dated 03.12.2024, were both issued under the Cadre Recruitment Rules of 2022 (CRR 2022). These notifications supersede earlier notifications, including one dated 12.07.2019, which was issued under the Cadre Recruitment Rules of 2016 (CRR 2016).

The petitioner, who joined the University as a Private Secretary claimed to have become eligible for promotion under CRR 2016. That earlier set of rules required five years of regular service as a Private Secretary or Section Officer, and the selection was based on service record, APARs, qualifying written and skill tests, and seniority.

The petitioner aggrieved by the revised notifications under CRR 2022 have challenged tge altering of the eligibility or selection process, potentially affecting his promotional prospects, hence the challenge before the court.

APPEARANCE

Raghu Mehta, Advocate For Petitioner

D.C.Raina Sr. Advocate with Govind Raina, Advocate For Respondents

Case-Title: Sanjeev Gupta vs Central University of Jammu 

Citation: 2025 LiveLaw (JKL) 213

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