Court cannot compel the State to amend service rules or create new posts for promotional avenues

Chhattisgarh High Court Denies Petition for Amendment in Promotion Rules for Laboratory Technicians Judicial Intervention Cannot Compel State to Amend Service Rules, Rules Court

In a significant ruling, the Chhattisgarh High Court dismissed a petition filed by Dr. Om Prakash Sharma and others, seeking judicial intervention to amend the M.P./C.G. Class III Service Recruitment and Promotion (Mahavidyalaya Shakha) Rules, 1974, to create promotional avenues for Laboratory Technicians. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, emphasized that such amendments fall exclusively within the executive domain and are beyond judicial purview.

The petitioners, who have served as Laboratory Technicians for decades, argued that the absence of promotional opportunities in their cadre has led to career stagnation, violating their rights to a progressive career. They sought a mandamus to the State Government for rule amendments to enable promotions, akin to practices in other states like West Bengal, Jharkhand, and Bihar.

The court noted that although the petitioners were deprived of promotional pathways, they benefited from time-bound higher pay scales, a legitimate method to address stagnation in service. The petitioners received financial progression through higher pay scales in 2001, 2009, and 2019, ensuring no financial loss.

Citing Supreme Court precedents, the court highlighted that creation or amendment of posts and service rules is a legislative or executive function, not subject to judicial directives. It stressed the principle of separation of powers, reiterating that courts cannot assume roles reserved for the executive or legislative branches.

The court also dismissed the petitioners' argument of discrimination based on practices in other states, stating that inter-state service structure variations do not confer enforceable rights.

The ruling underscores the judicial restraint exercised by courts in matters of executive policy, particularly concerning service rule amendments and cadre management. The decision reaffirms that while courts safeguard constitutional rights, they cannot overstep into executive functions unless a rule is unconstitutional on its face, which was not demonstrated in this case.

The dismissal of the petition serves as a reminder of the clear demarcation between judicial and executive functions, reinforcing the importance of maintaining this balance within the framework of the Constitution.

Bottom Line:

Judicial intervention cannot compel the State to amend service rules or create new posts for promotional avenues; such matters fall exclusively within the executive domain.

Statutory provision(s):  

• - Articles 14 and 16 of the Constitution of India  
• - M.P./C.G. Class III Service Recruitment and Promotion (Mahavidyalaya Shakha) Rules, 1974  
• - Separation of Powers Doctrine

Dr. Om Prakash Sharma v. State Of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2812519