Balakrishnan, J. - (1.) Leave granted.
(2.) The respondent herein was the Assistant Research Officer (Ayurveda) in the Indian Institute of Panchakarma, Cheru-thuruthy, in Kerala. This Institute is functioning under the Central Council for Research in Ayurveda and Siddha. The Departmental Promotion Committee prepared a panel of eligible candidates for being promoted as Research Officers. The respondent alleged that she was included as Sl. No. 15 in the select list whereas her Juniors were included as Sl. Nos. 1,9, 11, 12, 13 and 14. The respondent contended that the promotion had to be effected on the principle of seniority-cum-fitness and therefore, the placing of respondent at Sl. No. 15 for being promoted, as Research Officer was illegal. The respondent filed a Writ Petition No. 1036/96 before the High Court of Kerala. A counter affidavit was filed on behalf of the appellants herein and they admitted that the method of filling up the said post of promotion from the eligible Assistant Research Officers was seniority-cum-fitness. The learned Single Judge held that as the promotion to the post of Research Officer was to be effected on the basis of principle of seniority-cum-fitness and seniority was the prime factor for promotion and since the respondent was found suitable for promotion, she was entitled to get promotion in accordance with her seniority and, thus, the writ petition was allowed and aggrieved by the same, the appellants filed a writ appeal before the Division Bench of the High Court which ended in dismissal. Judgment in that Writ Appeal is challenged before us.
(3.) We heard the learned Counsel for the appellants, Mr. T.C. Sharma and the learned senior counsel, Mr. T.L.V. Iyer, on behalf of the respondent. In the appeal filed before this Court, it is stated that promotion to the post of Research Officer was to be made in accordance with the prescribed recruitment rules and the Departmental Promotion Committee was to select the candidate. It is submitted by the Counsel on behalf of the appellants that the post of Research Officer is a 'selection post' and as per the recruitment rules, 'selection post' is to be filled up on the principle of merit-cum-seniority. The relevant clause 5.9 of Recruitment Rules says as under : "Selection" posts shall be filled on the basis of merit-cum-seniority. "Non-Selection" posts shall be filled in on the basis of seniority subject to rejection of unfit persons. For this purpose the Council shall circulate the duly compiled seniority lists of the candidates periodically. All appointments by departmental promotion shall be on the recommendations of the Departmental Promotion Committee." ;