In Brief
A Major General in the Army Medical Corps was not promoted to Lieutenant General by a Special Promotion Board, despite being considered one of the top candidates. After his statutory complaint led to partial redressal (removal of adverse remarks from an ACR), his quantified marks improved and exceeded those of a junior officer who had been promoted. The Review SPB still rejected him, awarding lower board marks. The Supreme Court upheld the Armed Forces Tribunal's decision quashing the Review SPB and directing fresh consideration. The Court held that since the original SPB awarded board marks strictly in line with quantified marks, the Review SPB must apply the same fair criteria. With improved marks higher than the junior promoted officer, the respondent was entitled to equivalent board marks under Article 14 equality principles.
The lawyer headnote and full judgment text are available to registered users.