1980 (3) TMI 268 - SC - Indian Laws

Summary

Issues involved: Competing claims for promotion as Brigadiers in the Directorate of Military Farms, challenge to immutability of 1964 policy statement under Art. 14 of the Constitution.

Competing Claims for Promotion: The case involved the competing claims of the petitioner and the third respondent for promotion as Brigadiers in the Directorate of Military Farms, with the expectation of becoming the Director of Military Farms upon promotion. The third respondent was in a select list made in 1971, while the petitioner was left out. The petitioner challenged any fresh selection that would supersede the 1971 list, arguing that the 1964 policy statement should not be arbitrarily departed from without proper reformulation and communication of a new policy. The High Court had issued a writ forbidding a fresh selection, leading to the appeal before the Supreme Court.

Challenge to Immutability of 1964 Policy Statement: The Supreme Court acknowledged that the 1964 policy statement was made by the Union of India's executive power and was not issued under any rules or regulations. It emphasized that the Union of India had the authority to change or adjust the policy as needed, as long as it did so fairly and without arbitrariness. The Court highlighted the importance of acting in accordance with Article 14 of the Constitution, ensuring that any new policy, if framed, should be done fairly and made known to all concerned parties. The Central Government expressed willingness to abide by the Court's directions and consider the need for a new policy, with a time-bound restriction of one month for any new policy formulation.

Conclusion: The Supreme Court directed the Central Government to consider the need for a new policy, if necessary, regarding the Directorate of Military Farms within one month. It allowed for legitimate representations to be made by concerned parties within a week, emphasizing the importance of a fair and transparent process in any policy formulation or selection process. The Court disposed of the Writ Petition and Civil Appeal based on the above directives, ensuring that the Central Government acts fairly and in compliance with the Court's directions.