Person seeking promotion cannot question the same process:SC

An employee who participates in the selection process for promotion cannot question the very same process merely because he has been unsuccessful in getting promoted, the Supreme Court has said. The apex court, citing a 1995 ruling in the Madan Lal vs State of J&K case, said if a candidate takes a calculated chance and appears in the interview, he cannot, just because the result was not palatable, subsequently contend that the process was unfair. "The appellant having participated in the selection process along with other contesting respondents without any demur or protest cannot be allowed to turn round and question the very same process having failed to qualify for the promotion," a bench of Justices Lokeshwar Singh Panta and B Sudershan Reddy observed. The apex court passed the ruling while dismissing the plea of an Indian Airlines woman employee K A Nagamani who filed an appeal after she was denied promotion by the selection committee. Nagamani, an Assistant Manager (systems), participated in the selection process for promotion to the post of Deputy Manager (systems) but failed to get promoted. She challenged the selection process as being illegal primarily on the ground that 50 per cent of the marks was prescribed for the interview and the balance 50 per cent on the evaluation of the annual confidential reports.

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