LI Network
Published on: December 02, 2023 at 11:45 IST
The Supreme Court, in a recent ruling, delineated the disparity between ordinary promotions and advancements via Limited Department Competitive Exams (LDCE).
LDCE, characterized by its competitive selection mechanism, facilitates expedited promotions grounded on merit and distinct criteria exclusive to the competitive evaluation, diverging from conventional promotion procedures.
The Court emphasized the distinction, stating that LDCE’s selection process, as a competitive examination within a confined pool of candidates, shouldn’t be likened to regular promotions. It allows for out-of-turn promotions without awaiting the standard promotion course.
Consequently, the argument advocating the application of regular promotion criteria, notably regarding medical fitness, in LDCE-based selections was deemed untenable by the Court.
The Supreme Court bench, comprising Justices Abhay S. Oka and Pankaj Mithal, addressed an appeal against the Delhi High Court’s decision to dismiss a petitioner’s plea to annul a medical examination result, which rendered the petitioner unfit for the Sub-Inspector post.
The petitioner, a Constable (GD) with the BSF since April 4, 2012, aspired to be promoted to Sub-Inspector (GD) through LDCE 2018-19. The LDCE criteria, including a SHAPE-I medical category requirement, were explicitly outlined.
The LDCE encompassed five stages, culminating in a comprehensive medical examination to ascertain fitness for the post.
Despite meeting the SHAPE-I category prerequisite, the appellant was deemed medically unfit during the final stage of the LDCE process on December 23, 2019, and this assessment was reaffirmed by a board of three doctors on February 27, 2020. Subsequently, the appellant contested this medical report in the Delhi HC, which ruled against the petitioner. Dissatisfied, the appellant appealed to the Supreme Court.
The Court noted that the appellant was never certified as medically fit for the Sub-Inspector (GD) position during the LDCE process.
While meeting the SHAPE-I category was a precondition for applying, it did not guarantee passage through stage V—the detailed medical examination mandated by LDCE.
Consequently, the Court dismissed the appeal, reasoning that the appellant did not meet all five stages’ qualifications under the LDCE for the Sub-Inspector (GD) position.
Case title: Pavnesh Kumar v. Union of India
