In Brief
Three firemen were promoted to Leading Fireman in 2012 under BBMB Regulations based on seniority-cum-merit, though they lacked "appreciable initiative" certificates. A junior fireman with an initiative certificate challenged their promotion in a writ petition. The High Court annulled the promotions and ordered the junior fireman's promotion instead. The Supreme Court held that under the Regulations, good service record is the essential minimum merit; an appreciable initiative certificate is an additional attribute, not a mandatory requirement. Under seniority-cum-merit, the senior candidate possessing minimum necessary merit has priority. The High Court erred in granting relief not sought and in treating paired regulatory terms as conjunctive. The promotions were restored.
The lawyer headnote and full judgment text are available to registered users.