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Supreme Court of India 2019-03-01 dismissed

Lt. Gen. Ravi Dastane, AVSM, VSM vs Union of India, Ministry of Defence, through the Secretary & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

Lieutenant General Ravi Dastane challenged the appointment of two senior officers as Army Commanders, contending the selection violated criteria requiring comparative evaluation of merit rather than seniority alone. The Supreme Court dismissed the appeal, affirming that appointment to Army Commander is a selection post, not automatic promotion by seniority. Although seniority is a relevant consideration, officers have no vested right to promotion based on seniority alone. The Court held the appointing authority—the Chief of Army Staff, Defence Minister, and Appointments Committee of the Cabinet—properly considered the service profiles of seven eligible officers and was best positioned to determine fitness for such crucial posts bearing on national defence. No breach of procedure or rules was found.

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Constitutional Law Administrative Law Armed Forces Service Law Judicial Review Selection and Appointment Army Administration

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