Uttarakhand High Court Halts Review Of Nursing Promotions At AIIMS Rishikesh Including Reserved To Unreserved Posts On 'Own Merit' Principle
The Uttarakhand High Court has kept in abeyance the conduct of Review Departmental Promotion Committee at AIIMS Rishikesh concerning promotion of Nursing Officers to the post of Senior Nursing Officer for 2022 & 2023 based on the principle of "own merit", including promotion of reserved category persons to unreserved posts. The court was hearing a petition by nursing officers from...
The Uttarakhand High Court has kept in abeyance the conduct of Review Departmental Promotion Committee at AIIMS Rishikesh concerning promotion of Nursing Officers to the post of Senior Nursing Officer for 2022 & 2023 based on the principle of "own merit", including promotion of reserved category persons to unreserved posts.
The court was hearing a petition by nursing officers from AIIMS Rishikesh, challenging Central Administrative Tribunal's order dated April 7 rejecting the petitioners' plea for interim relief.
A division bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay in its order said:
"The Tribunal has rejected the prayer for interim relief holding that the petitioners are preempting the action, as so far no promotions have been made in pursuance of the orders impugned before it. It is not disputed before us that the orders impugned before the Tribunal direct for holding of Review DPC and as the main mater has already been fixed for hearing on 20th May, 2026, we are of the considered opinion that till the time the main matter is decided, the holding of Review DPC on the concept/principle of 'own merit' should be kept in abeyance, having regard to the O.M. dated 30.09.2016, issued by the Government of India in a similar situation".
The petitioners are working as Senior Nursing Officers and Nursing Officers at AIIMS, Rishikesh. They had challenged before the CAT an order dated 10.03.2026, issued by the office of respondent no.1-Union of India and order dated 29.08.2025, issued by the office of respondent no.2 AIIMS to the extent these orders direct for holding of Review Departmental Promotion Committee (DPC) for promotion of Nursing Officer to Senior Nursing Officer for the panel year 2022 & 2023.
The petitioners had sought to restrain the respondents from holding Review DPC for promotion of Nursing Officer to Senior Nursing Officer for the panel year 2022 & 2023 by following the principle of 'own merit'.
The petitioners, some of whom had been promoted to the post of Senior Nursing Officer in the past, apprehend that in case Review DPC is conducted on the principle of 'own merit', it would result in promotion of officers junior to them, although the very concept/ principle of 'own merit' is sub-judice before the Supreme Court in SLP No.30621 of 2011 in Jarnail Singh & others vs. Lachhmi Narain Gupta & others.
The petitioners contended that in Jairnail Singh, the Punjab & Haryana High Court had quashed Office Memorandum dated 10.08.2010 stipulating promotion based on principle of 'own merit'.
This was challenged before the Supreme Court in the SLP and, wherein on 03.02.2015, the Supreme Court passed an interim order stating, “Let the matter be listed in the second week of March 2015 on a non-miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.”
Thereafter, in the contempt petitions filed for alleged violation of the said order, the Solicitor General therein had given an undertaking before the Supreme Court that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts would be made.
It was submitted that on basis of interim order passed by Supreme Court the Union Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, issued an Office Memorandum dated 30.09.2016, directing that no further promotions of reserved category persons to unreserved posts would be made based on DoPT OM dated 10.08.2010 and Railway Board circular dated 14.09.2010.
The petitioners are all from general category and in the past, some of them were also promoted against unreserved posts, however, in view of the orders passed by respondent nos.1 and 2, as Review DPC is likely to be held, the candidates belonging to reserved category would be considered against unreserved vacancies, which would be against the undertaking given by the learned Solicitor General of India.
The Union of India and AIIMS Rishikesh, did not dispute that the issue relating to merit promotion, arising out of similar situation, is sub-judice before the Supreme Court and wherein an undertaking was given by Solicitor General in course of hearing of the contempt petition that no further promotions of reserved category persons to unreserved posts would be made.
"Accordingly, the order of the Tribunal is, hereby, set-aside. The Tribunal may decide the main matter finally. The petitioners would not seek any unnecessary adjournments," the high court held.
The plea was disposed of.
Case title: Aniruddha Sharma & others v/s Union of India & others
WRIT PETITION (S/B) NO. 250 OF 2025