Rajinder Kaur & Ors. vs State Of Punjab & Ors.

HARSIMRAN SINGH SETHI, J. (Oral)

The present application has been filed by the petitioners for recalling the order dated 08.07.2026 passed by this Court in CWP No.6657 of 2026.

Notice in the application. Mr. Ratik Chatrath Kapur, accepts notice on behalf of the respondent-State and Mr. Anurag Chopra, Advocate, Mr. Sunny Singla, Advocate, Ms. Alka Chatrath, Advocate, accepts notice on behalf of the private respondents. They raise no objection to the prayer of the petitioners.

Accordingly, the order dated 08.07.2026 is recalled and the writ petition is restored to its original number and status, and with the consent of learned counsel for the parties, the same is taken up for consideration today itself.

The present application, filed by the State, seeking modification of the said order dated 08.07.2026, is allowed, as the said order dated 08.07.2026 has been recalled.

In the present petition, the challenge has been raised to the action of the respondents in making promotion to the post of Master Cadre while issuing notices dated 02.06.2025 as well as 15.09.2025. The challenge to the said notices for promotion is that without complying with the directions given by the Hon’ble Supreme Court of India in Civil Appeal No.1385 of 2025, titled as Anjuman Ishaat-e Taleem Trust Versus State of Maharashtra and others, decided on 01.09.2025, the candidates, who are not eligible as per the said judgment, are being considered for promotion to the post of Master Cadre, thereby committing contempt of court.

During the pendency of the petition, the learned Senior Additional Advocate General, informs that in pursuance to the notice dated 02.06.2025, which was reiterated on 15.09.2025, any promotion made in pursuance to the said proposals, is being withdrawn keeping in view the fact that the same were contrary to the law settled by the Hon’ble Supreme Court of India.

Learned Senior Additional Advocate General further submits that the action will be taken for promotion to the post of Master/Mistress cadre henceforth in accordance with law and such promotions are to be made in terms of the directions/findings recorded in the judgment in Anjuman Ishaat-e Taleem Trust (supra).

Learned Senior Additional Advocate General further submits that any person, who does not fulfill the eligibility as prescribed by the Hon’ble Supreme Court of India will not be considered for promotion.

At this stage, learned Senior Counsel for the petitioners submits that they have no problem with regard to withdrawing of the promotions but the promotions, which are to be made henceforth, should be made as per the notice dated 02.06.2025, coupled with notice dated 15.09.2025, so as to ensure that the eligibility of such candidates will only be taken as on 02.06.2025. Reliance is placed in this regard on the judgment passed by a Division Bench of the Bombay High Court in the Writ Petition No.2737 of 2026, titled as Vaijenath Haridas Ambad and others Versus The Sttae of Maharashtra and others, decided on 29.04.2026.

Qua the above mentioned judgment, it may be noticed that as of now, the said question is not being raised with regard to the eligibility of a particular candidate for promotion as, the State has already undertaken to make fresh promotion in accordance with law and once, the promotions are to be made in accordance with law, the respondent will be bound to follow the settled principle of law qua the required qualification for promotion to the Master/Mistress Cadre.

Learned Senior Additional Advocate General submits that once, the promotions already made in pursuance to the notice dated 02.06.2025 as well as 15.09.2025 have been withdrawn, the eligibility will be seen on the day when the State decides to make promotion henceforth rather than limiting the eligibility upto 02.06.2025 even qua the promotions which are to be made in future

We have heard learned Senior Counsels appearing on behalf of the respective parties and have gone through the case file with their able assistance.

It may be noticed that the prime grievance of the petitioners that keeping in view the notice dated 02.06.2025 as well as 15.09.2025, the promotions have been affected of the candidates who were not eligible, the said promotions have already been withdrawn by the respondent-State, which prima facie, has to satisfy the grievance raised by the petitioners.

The question which has been raised before this Court is that once, the promotions already given to the candidates, along with the public notices dated 02.06.2025 and 15.09.2025, have been withdrawn, whether the prayer of the petitioners that even the promotions which are to be considered afresh by the State, the eligibility date has to be 02.06.2025, needs to be accepted or not, or the eligibility will be on the date when fresh consideration takes place.

It is a settled principle of law that only the consideration for promotion is a right and not the claim for such promotion. Though, a particular consideration was given to the candidates keeping in view the notices dated 02.06.2025 as well as 15.09.2025, but such promotions have been withdrawn being contrary to the law laid down by the judgment in Anjuman Ishaat-e Taleem Trust (supra) so as to make fresh promotions in accordance with law. Even the notices dated 02.06.2025 and 15.09.2025 have been withdrawn by the State. Once, such notices have been withdrawn by the State, the claim of the petitioners that the date of eligibility should remain as per the said withdrawn notices dated 02.06.2025 and 15.09.2025, cannot be accepted.

Anyone who becomes eligible or proves his/her eligibility when the fresh consideration for promotion takes place, has a right to be considered. Merely that a consideration took place in pursuance to the notice dated 02.06.2025 and 15.09.2025 which consideration along with the notices have already been withdrawn by the State, the State cannot be forced to act that even qua subsequent consideration of the case for promotion, the cut-off date as 02.06.2025 should be maintained. Anyone who becomes eligible on the date upto the fresh consideration takes place, has a right to be considered eligible for promotion coupled with other factors required to ensure fitness of such candidates to be promoted while keeping in mind the judgment of the Hon’ble Supreme Court of India in Anjuman Ishaat-e Taleem Trust (supra). Hence, the prayer of the petitioners that even in the fresh consideration, the cut-off date should be 02.06.2025, cannot be accepted as such notice has already been withdrawn by the State along with the promotions so made.

Disposed of accordingly.

No other argument has been raised. The order is dictated in the open court in the presence of learned Senior Counsels for their respective parties.

Civil Misc. application(s) pending, if any, shall also stand disposed of.