Service Law:

Promotion-Selection or non-selection post-Determination of Seniority-cum-fitness, seniority-cum-merit, merit-cum-suitability with due regard to seniority are criteria for selection-If involves comparative assessment of officers, it is merit-cum-suitability criteria-Thus, a selection post. 

Army Commander-Criteria for appointment of-Purported to be issued under the orders of the President of India-Stipulates that an officer should be fit in every respect for appointment-Equal pay but not the status of Army Commander will be given to those General Officers who are found fit to hold the appointment but are not selected because of the revision in the criteria- Held, post of Army Commander is a selection post and not a post merely based on seniority. 

Additional criteria for appointment-Experience of commander corps for at least one year-No waiver allowed without prior concurrence of the Government-officer with experience of five months and seven days-Waiver of six months granted by Government-Thus, on facts the officer failed to complete the period of one year of experience as corps commander.

Promotion to selection post-Contention that the choice cannot be restricted to two candidates when there are as many as nine candidates eligible for consideration-Held, not correct because others have not made a complaint.  

Annual confidential report-One of the factors and not the sole factor to be considered by the selection authority-Further, reliance on annual confidential report is not justified because selection involves comparative assessment of officers. 

Administrative law- Judicial review of administrative decisions- When entire service profiles considered by the authorities concerned court cannot substitute its own views-Constitution of India, Articles 227 and 136.

Words and Phrases:

'Fit', eligible and 'select'-Meaning of in the context of service Jurisprudence.