Read Time: 07 minutes

The Supreme Court on Tuesday noted that limited departmental examination aims to encourage meritorious candidates who may be comparatively junior in service, by opening a window of opportunity.

A bench of Justices UU Lalit, PS Narasimha and S Ravindra Bhat said that those candidates who pass the examination are entitled to have an accelerated promotion, but this process does not change the character of movement to the higher post and it continues to be a promotional channel.

Furthermore, setting aside the conclusion of the division bench of the Jharkhand High Court that limited departmental examination is nothing but direct recruitment from the open market, the Top Court clarified that by its very nature, the promotion to the next higher level is from and amongst those who are at a lower level in the service.

"The avenue of promotion is not available to persons from the open market, which talent is to be garnered through direct recruitment....", said the Top Court.

One Akhilesh Prasad was appointed under the Graduate Level (Special) Competitive Examination held in the year 1994 for filling up the posts of Cooperative Development Officers, by the then Bihar Public Service Commission, under the Scheduled Tribe (‘ST’) category.

State of Bihar came to be bifurcated as a result of Bihar Reorganization Act, 2000. After reorganization of the States, Prasad's service was allocated to Jharkhand.

Jharkhand Public Service Commission (‘the Commission’) issued an advertisement in 2010 for filling up the posts of Deputy Collectors through limited departmental examination. Said Advertisement, however, prescribed that the benefit of reservation would be extended only to those who submit the appropriate caste Certificate from the Sub-Divisional Officer posted in the State of Jharkhand.

Prasad's candidature was declared unsuccessful though he had secured 123.68 marks as against the cut-off at 113.70 for ST category. He challenged this decision before the Jharkhand High Court which came to be allowed by the single judge bench.

This decision came to be again challenged before a division bench of the high court where Prasad argued that limited competitive examination could not be construed to be a fresh appointment; rather it was a case of promotion to the higher post and as such he who was already in the service under the State of Jharkhand was entitled to offer his candidature as a candidate belonging to ST category. Division bench disagreed with Prasad's submission and this came up in challenge before the Top Court.

Top Court noted that in the instant case, the benefit of reservation was claimed in the limited departmental examination for the purpose of promotion to the next higher level.

"It must therefore be relevant to consider the nature of such limited departmental examination and what it seeks to achieve as against direct recruitment from the open market, where a person who was not part of the concerned service, gets a chance to offer his candidature and enter the service under a State for the first time...", Court added.

Limited departmental examination affords an opportunity for persons who are already in service at a lower level to have accelerated promotion depending upon the merit of such candidates, further held the supreme court.

Thus, the decision of the Single Judge bench of the High Court was held to be right in allowing the writ petition. Top Court held that the Division Bench of the High Court was not justified in concluding that limited departmental examination was nothing but direct recruitment from the open market.

Case Title: Akhilesh Prasad vs Jharkhand Public Service Commission And Ors.