- (1.) This letters patent appeal has been preferred against the order dated 21.11.2013 passed by the learned Single Judge in WP(S) No. 2410 of 2013 Ed.-- Reported in : 2014 (1) JLJR 122, whereby, the learned Single Judge has allowed the writ petition of the original writ petitioners and a direction has been given to the original respondents to consider the case of the original petitioners for promotion on the post of Circle Inspector-cum-Kanoongo. The counsel appearing for the appellant (original respondents) submitted that the minimum qualification for the post of Circle Inspector-cum-Kanoongo is graduation and these original petitioners, who are respondents in this letters patent appeal are not graduate and hence, they cannot be promoted on the post of Circle Inspector-cum-Kanoongo.
(2.) It is submitted by the counsel for the respondents (original petitioners) that the post of Circle Inspector-cum-Kanoongo can be filled up by three methods: (a) by direct recruitment, (b) by Promotion from the post of Revenue Karamchari, on the basis of seniority-cum-merit, and (c) by limited competitive examination. It is further submitted by the counsel for the respondents (original petitioners) that for direct recruitment, there is a qualification of graduation as per Clause 7.5 of the Regulation, 2011, issued by the State of Jharkhand, which is at Annexure-3 to the memo of instant appeal, whereas, for promotion from the feeder cadre only upon seniority-cum-merit, 25% of the seats will be filled up. Thus, the ratio for the post of Circle Inspector-cum-Kanoongo is 50:25:25 i.e. 50% posts of Circle Inspector-cum-Kanoongo will be filled up by direct recruitment, 25% of the said post will be filled up from promotion from the post of Revenue Karamchari on the basis of their seniority-cum-merit and remaining 25% posts will be filled up by limited competitive examination. Thus, graduation is not required for promotion as per Clause 7.7 (Kha) of the Jharkhand Revenue Service Cadre (Appointment, Promotion and Service Conditions) Regulation, 2011 (for the sake of convenience hereinafter referred to as "Regulation, 2011).
(3.) On the basis of the aforesaid Regulation, 2011, it is submitted by the respondents (original petitioners) that no error has been committed by the learned Single Judge in appreciating the Regulation, 2011 in giving direction to the original respondents to consider the case of the original petitioners for promotion on the post of Circle Inspector-cum-Kanoongo.;