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For promotion on seniority-cum-merit basis, seniority for promotion can be determined in order to pass the qualifying promotional exam instead of inter se seniority.
Question
In a state govt undertaking, a service regulation was existing regarding promotion on basis of seniority cum merit. PSU management ammended the regulation that promotion will be on seniority cum merit basis and seniority for promotion will be determined in order to pass the departmental promotional exam i.e. batch wise. In this context, the departmental promotional exam is of qualifying nature only. So I want to know that is it right/legal ammendment in service regulation.
Answer ( 1 )
Such amendments are administrative in nature and to challenge the validity of the same, you will have to make an RTI application and find out as to how the amendment has taken place. After you able to find out the route adopted for making the amendment, you will have to consult after showing the documents to find out if such amendment was necessitated or not.
Otherwise, such amendments are legal and permitted on the ground that by way of written examination, it would make sure only eligible and knowledgeable candidates are promoted and healthy competition is maintained.