UNION OF INDIA AND OTHERSversusMAJ. GEN. MANOMOY GANGULY. VSM

                         [2017] l l S.C.R. 61


                   UNION OF INDIA AND OTHERS                           A
                                    v.
           MAJ. GEN. MANOMOY GANGULY. VSM
                    (Civil Appeal No. 17535of2017)
                        NOVEMBER IO. 2017                              B

         [A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
             ...
      Service Laiv:
       Promotion - To the rank of Lieutenant General in Indian
Army - Respondent considered for promotion by Special Promotion
Board (SPB) but not empcmelled, An Officer junior to him was one
of the promoted officers - Pursuant to his statutot:v complaint,, his
assessment in one of the relevant ACRs was expunged - It was
directed that he be considered for promotion - He was considered
by review SPB, but even then not empanelled for promotion - D
Re.1pondent approached Armed Forces Trilnmal - Tribunal quashed
the proceedings al Review SPB· on the ground tlwt it had allotted
wrong Board marks to the respondent - On appeal, held: Review
SPB is nothing but extension of original SPB - Respondent was
supposed to be considered on the same parameters as if he was
participating in promotion process undertaken by original SPB - E
The criteria adopted by original SPB in awarding board marks were
not adopted by the Review SPB - Had the Review SPB adopted the
same criteria, the respondent would have got higher marks than
the last promoted officer - Projection ol wrong facts before the
Board Members in respect of CR merit of the respondent also resulted
                                                                      F
in award ~/'lesser marks by the Review SPB.
      Dismissing the appeal, 'the Court
      HELD: 1. Undoubtedly, the Members of the.Board are
empowered to award marks out of the two marks which are
reserved for them. For this purpose, it is not the ACR alone but       G
the entire profile of an officer which is to be looked into. Insofar
as, marks for ACR are concerned these have already been
awarded under the head 'average marks of ACR extrapolated
out of 90'. It shows that significant importance is attached to the

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                               61
62            SUPREME COURT REPOKTS                     !2UI 7j i l S.l~.R.



A    ACR~ inasmuch as 9U marks out of 95 marks arc lo he assigned
     on 1hc basis of ACRs. Therefore, it cannot he dispu1ed that while
     awarding marks out of the 1wo marks reserved tor the \lcmbers
     of the Board, they can examine the overall profile of !he officer
     and arc not supposed tu res1rict it to the ACR alone. It also
     needs r o elaboration that Board l\'1cntbcrs arc the three Chiefs
B
     of Services and it can very well be presumed that they would
     assess an officer in an objective manner. Indubitably, hiigher
     degree of trust can be reposed in them and their assessment is
     not to be interdilcted unless very weighty and overwhelming
     material is produced warranting interference while undertaking
c    judicial review of such an exercise. [Para 171(70-D-F[
           2. In the impugned judgment, the Tribunal wrongly
     distinguished its judgment passed in the case of /lfaj. Gener11/
     S.K. Clwlmn·or(r vs. Union ofb11li111111d Ors. (which was relied on
     by the respondent), with the remarks that that case was not in
D    respect of the Ar'11ed Medical Corps wherein the assessment is
     based on quantified check marks. This basis of distinguishing
     the judgment in S.K. Cltakravorty is clearly erroneous. The
     provision for assessment for promotion to Lt. General is same
     wh~ther it is Army per se or Armed Medical Corps.[ Para 181 [70-
     G-H; 71-AI
E
           Air Vice Marshal SL Clwbbra VSM (Retd.) v. U11iui:
           ofI11dia & Anr. (1993) Suppl. 4 SCC 441: 11993[ 2
           Suppl. SCR 659; Maior General I.PS. Dewan v. Uniu11
           of India & Or.1. (1995) 3 SCC 383 : [19951 2 SCR
           532; Dalpal Abasaheb So/1111ke & Ors. v. fJr. B. S.
F
           Mahajan & Ors (1990) I SCC 305; Surinder Shukla v.
           Union al India & Ors. (2008) 2 SCC 649 : (2008] I
           SCR 449 - referred to.
           3. It is difficult to disagree with the ultimate conclusion
     arrived at by the Tribunal, in the facts of the present case, even if
G    some of the observations of the Tribunal may not be correct.
     Most important fcuture which is noted by the Tribunal and could
     not be disputed by the appellant is the manner in which exercise
     was undertaken while holding SPB meeting on 20'" January, 2016.
     Even when the Board Members were entitled to give marks to
H
 UNION OF INDIA AND OTHERS v. MAJ. GEN. MANOMOY                        6J
                  GANGULY, VSM

the candidates on the basis of overall prolile, that was not done.     A
On the contrary, the murks given to those officus who were
considered in that SPB, wcrc·s1rictly on the basis of marks obtained
hy them out of 93 marks. The Tribunal is right in observing that
in the meeting held on 20'" .January. 201(> Board Marks to all
officers who arc considered commensurate with the quantified
                                                                       B
marks of the candidates. Thus, the Board Members adopted the
criteria of looking into the quantified marks as the yardstick for
assessing overall profile. [Purus 19, 201171-C-FI
      4. In the original SPB meeting, one omccr junior to the
respondent was awarded 1.70 out of 2 marks whereas the
respondent was awarded 1.50 marks. Le,scr marks given to the           c
respondent were because of the reason that marks awarded to
him out of 93 were lesser than that omcer. Result of the redress al
was that the marks of the respondent became higher than that
oficer which necessitated Review SPB. This Review SPB meeting
has to be on the same standards which were adopted in original         D
SPB 111ccting. It has to be on the assun1ption as if case of lhc
respondent is considered in the original SPB, but with revised
prolile. In the SPB held on 20"' January, 2016, had t·he revised
marks of the respondent available, which were more than the
quantified marks of the other officer, the respondent would have
certainly got J.70 out of 2 marks by the Board. Having not             E
undertaken the independent exercise of looking into the "overall
profile" in the SPB held on 20'' January, 2016 and instead
assigning the marks to all the officers out of 2 marks, on the
basis of quantified marks of the candidates which they had received
out of 93 marks by treating the same as "overall profile", when it     F
comes to Review Sl'B the appellant is supposed to stick to the
same criteria. Only that would show fairness in approach, which
 would also be in conformity with the principles of equality
enshrined in Article 14 of the Constitution. It is because of the
reason that Review Sl'B is nothing but extension of original SPB,
wherein the respondent was supposed to be considered on the            G
same parameters as if he was participating in promotion process
undertaken in original SPB. JPara 21][71-G; 72-A-D]
     5. Noting No. 3 of the Board proceedings was also factually
incorrect. As per Noting No.3, the. respondent's CR merit in
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64            SUPREME COURT REPORTS                     (2017] I l S.C.R.


A    chance one changed from 16'" position to 15'" position among 18
     officers con1sidered for only 6 vacancies. This Noting gave the
     impression that even after the redress, the chances of promotion
     of the respo'1dent hardly improved. On the contrary, fact is that
     after the redress, position of the respondent had jumped from
B    16" to 7'". Another significant aspect which was omittc!d was that
     with this jump, his quantified check marks (i.e. out of 93) became
     more than the other officer who was promoted after his
     assessment in the original SPB even when he was junior to the
     respondent. But for this error, there was a possibility of different
     outcome even on value judgment of the respondent by the Board
C    Members. [Para 22)[72-E-G]
           6. It is made clear that in any future selections, it would
     always be open to the Members of the Board to award the marks
     (out of 2 marks assigned for this purpose) keeping in view the
     overall profile of the officers as per Promotion Policy dated 14'"
D    January, 2004 and as amended vide letter dated 17'" May, 2006.
     [Para 23 )[72-H; 73-AJ
                            Case Law Reference
     11993) 2 Suppl. SCR 659        referred to            Para 18

E    [1995) 2 SCR 532               referred to             Para 18
     (1990) l sec 305               referred to             Para 18
     !2008) l SCR 449               referred to             Para 18
          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 17535
     of2017
F
          From the Judgment and Order dated 02.09.2017 in O. A. No.
     1093 of 20JV and Judgment and Order dated 05.10.2017 in M.A. No.
     1252of2017 of the Principal Bench, Armed Forces Tribunal, New Delhi.
         Maninder Singh, ASG, Harish V. Shankar, Raj iv Nanda, Ms. Nisha
G    Mohandas, Mukesh Kumar Maroria, Ad vs. for the Appellants.
            Mukul Rohatgi, Ms. Jyoti Singh, Sr. Advs., Sudarshan Rajan.
     Ms. Shriya Chauhan,ArchitArora, Ramesh Rawat, Karanjot Singh,Advs.
     for the Respondent.

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  UNION OF INDIA AND OTHERS v. MAJ. GEN. MANOMOY                             65
                   GANGULY, VSM

       The Judgment of the Court was delivered by                            A
        A. K. SIKRI, J. I. Respondent herein belongs to the Army
 Medical Corps. He is the Major General and aspires to become
 Lieutenant General (Lt. Gen.), which is next higher rank in his cadre.
 First Special Promotion Board (SPB), for this purpose was held on 20'h
 Januaiy, 20 16 but he was not empanelled to the rank of Lt. Gen. by the     B
 said Board. His statutory complaint there against was partially redressed
 whereby an assessment of the Technical Officer (TO) in his Annual
 Confidential Report (ACR) of2014 was expunged. This entitled him to
·fresh screening by Review SPB which held its meeting on 21" March,
 2017. However, even Review SPB did not empancl him for the
 promotional rank. After exhausting departmental remedies in the form        C
 of statutory complaint etc .. the respondent approached the Armed Forces
 Tribunal (for short, 'AFT') and has finally succeeded inasmuch as vi de
 orders dated 2"'1 September, 20 l 7, passed in O.A. No. I 093of2017, the
 AFT has quashed the proceedings of Review SPB on the ground that it
 had allotted wrong board marks to the respondent. Directions are given      D
 to convene fresh Review SPB to consider him for promotion to the rank
 of Lt. Gen. in consonance with the parameters of relevant policies and
 his changed profile after allotting entitled board marks as stated in the
 said j udgmcnt, and to also restore his seniority. This appeal aims at
 questioning the correctness of the said judgment of the AFT.
                                                                             E
     2. Facts which arc absolutely essential for disposal of this appeal
may be mentioned at this stage:
        3. The respondent was commissioned iri the Anny Medical Corps
(AMC) on 3"1 March, 1980. He has an outstanding academic record and
brilliant service record, for which he has been decorated time and again.    F
This includes GOCin-C"s Commendation in the year 2013, Commendation
of Chief of Army Staff in the year 2014 and Vishisht Scva Medal in the
2015. He has earned promotions from time to time, whenever became
due and has arisen to the rank of Maj. Gen. He is due for superairnuation
in this rank on 31" May, 2018.
                                                                             G
       4. The respondent was consi~cred for promotion to the rank of
Lt. Gen. and equivalent by SPB held on 20fu January, 2016. However,
vide DGAFMS letter dated l" March, 2016, the respondent was informed
that he was not empanelled for promotion. The respondent submitted his
statutory complaint dated 3Q•h June, 20 l 6 against his non-empanelment
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66             SUPRE'.'v1E COURT REPO'          ~              (2017] I I S.C.R.


A    challenging Lcnain assessments in his relevant annual cunfidLntial reports.
     Atler ,;cwn month,, th~ 1ppellanr grunted p<1rtial 'edrcssal to the
     respondent v1dc t11c1r letter aatcd 30" January. 2017. by way ol expunging
     the entire assessment of the TO in the respondent's ACR of 2014 on
     grounds ofi•1rnnsistcney. and directed that the respondent be considered
     for promotion by aq appropriate Promotion Board. Consequent tn the
B
     rcdrcssal grantc<t lo the respondent. his overall ACR profile fur
     considi:rat1on . .:tort thL' SPli 1mprov~tl and consequently his 1ncrit
     logically came above tha1 of the last officer cmpancllc<t in the SP13 hdd
     on 20"' January. 20! 6. Since, the rcdrcssal was granted. as per th,· policy
     of the appcllams, lhc respondent had to be put through a frcsh1Rcvicw
c    SPR.
             5. It is pertinent to note at this stage that as per the Promotion
     Policy dated J 4'" January. 2004 as amended by the Government of India
     letter dated 17'" May, 2006, the selection criteria was based on following
     pammcters:
D           "(a)Avcragc marks of ACR : 90 marks extrapolated out of 90
            (b)Total Marks for various : 02 marks
              Qualificatiq,ns like MD, OM,
               M.Ch. etc.
            (c)Marh for Military Awards of: OJ marks
E              Decoratio11s
            (d)Marh awarded by the members : 02 marks
              of the Board
              Total Marks                        : 95 marks"
           6. The composition of the Promotion Board (Medical) is as per
F
     the Ministry ofDefonec letter No. 301/DGAFMS/DG-IX/87-S/D (Med.)
     dated 8'" February, 1988 and for the SPB for promotion to the rank of
     Lt. Gen. (&equiv) the board comprises:
            Chairman:          Chairman Chiefs of Staff Committee
G           Members:           The other two Chiefs of Staff
            Member Secretary : DGAFMS
         7. As noted above, as per the Promotion Policy. the Board
     Members are empowered to assess and award the marks. Award of

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  UNION OF INDIA AND OTHERS v. MAJ. GEN. MANOMOY                              67
             GANGULY. VSM [A. K. S!KRI, .I.]

these marks. not exceeding rwo (2). is based on the overall profile of the    A
officer. exceptional achievements. appointments held, medical category,
disi:iplinary background. field area -difficult area posting. Average of
the marks awarded by all the Board Members present, out of two (2), is
used to calculate the overall marks.
       8. The procedure for selection and promotion which is                  B
communicated vide Circular dated 14"' January. 2004 issued by the
Ministry of Defence (MoD), Government oflndia and as amended vidc
letter dated l 7'" May, 2006 enumerates basis for awarding two marks
keeping the following criteria in mind.
      "Weightage to the Members of the Board: Board Members will              c
      have a weightage of two (2) mark for selection of the otlicers.
      The Board Members may award marks not exceeding two (2)
      based on the overall profile of the officers, exceptional
      achievements, appointments held, medical category, disciplinary
      background, field Arca-Difficult Arca posting. Average of the
      marks awarded by all the board members present, out of the two          D
      (2), will be used to calculate the overall marks."
       Thus, it can be discerned that while 93 marks (ACR average 90,
qualification marks-02, honour and awards - 0 I) can be quantified on
the basis of relevant records, and need only arithmetical calculations,
marks to be assigned by the Board Members out of two(2), depend on            E
the subjective assessment of the Board Members, albeit, after objectively
evaluating the overall profile on the parameters laid down in the Promotion
Policy.
       9. From the aforesaid facts, it is clear that insofar as award of93
marks, out of95 marks, is concerned that can be calculated arithmetically     F
on the basis of ACR, academic qualifications as well as military awards
and decorations. Discretion is given to the Board to give weightage out
of 2 marks and while exercising these discretions the Members of the
Board arc supposed to keep in mind the overall profile of the concerned
olliccr, exceptional achievements, appointments held, medical category,       G
disciplinary background, field area---<lifficult area posting.
      IO. Jnsofar as the respondent is concerned, he was assigned 87. 90
marks on the basis of ACR, i.e., against extrapolated out of 90 marks,
when his case was considered for promotion originally by the SPB on

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68            SUPREME COURT REPORTS                         [2017] l l S.C.R.



A    20'" January. 2016, However, after redressal of his statutory complaint
     which resulted in expunging of some adverse remarks in ACR of the
     year 2014, these extrapolated out of9U marks stood enhanced to 88.50.
     However, in the Review SPB, the Board stuck to the same marks which
     were awarded by the first Promotion Board. In this manner, though
     there was some mcrcase in the total marks awarded to the respondent
B
     (as a result of increase in marks on account of ACRs). The final marks
     awarded to him w<irc still below the cut-off marks because of which he
     was not empanell~d for promotion by the Review Board as well. The
     entire controversy be.fore the AFT, thus, pertained to the award of marks
     by the Board Members in the Review SPB.
c            11. The case pleaded by the respondent before the AFT was that
     one Mr. Sanjccv Chopra, VSM, who was junior to the respondent was
     empanelled by the SPB on the basis of proceedings held on 20'" January,
     2016. Total marks obtained by him out of93 marks (i.e. without Board
     marks) were more than the respondent at that time. However, with
D    increase of ACR marks of the respondent after his redress. total marks
     of the respondent (jut of93 marks became more than that ofMr. Sanjeev
     Chopra. But the rqspondent was still denied promotion by the Review
     SPB by awarding marginally less marks than Sanjccv Chopra by the
     Board. It was argued that since total without board marks of the
     respondent were more than that of Mr. Sanjeev Chopra, there was no
E    reason for the Board to give him lcsscrweightagc while awarding marks
     out of the 2 marks by the Board.
           12. This contention is accepted by the AFT in the following manner:
           "We have heard the learned counsel for the parties and seen the
F          records. The man point of dispute is the award of Board Marks
           to the applicant during the Review Special Promotion Board held
           on 2 l.03.2017. It is a matter ofrecord that the redressal given to
           the applicant by the respondent in his Annual Confidential Report
           for the year 2014 has enhanced his quantified marks from 90.65
           to 91.25 and with these revised quantified marks, the applicant
G          jumps above the last empanelled officer of his batch, i.e., Major
           Gen Sanjeev Chopra whose quantified marks arc 9 l.15. We find
           that Maj. G¢n Sanjeev Chopra with lower quantified marks in
           comparison to the applicant has been given 1.70 out of two marks
           by the Board. We have also been the trend of awarding the
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  UNION OF INDIA AND OTHERS v. MAJ. GEN. MANOMOY                                 69
             GANGULY. VSM [A. K. SIKRI, J.]

       Board Marks to all officers considered in this Board which is             A
       commensurate with the quantified marks of the candidates.
       Therefore, the same cannot be denied to the applicant unless it is
       justified by the Board Members, which has not been done in the
       Board Proceedings."
       13. In the process, the AFT has also observed that wrong facts            B
were projected to the Board Members inasmuch as in the noting of the
Board proceedings it is, inter alia, mentioned that ACR merit of the
respondent in Chance one changed from 16'" position to 15'" position
among 18 officers considered for only six vacancies. Noting No. 3 of
the Notings in the Board proceedings, giving this information, reads as
under:
                                                                                 c
       "3. His CR merit in chance one changed from 16'" position to 15''
       position among 18 otlicers considered for only six vacancies."
        14. TheAFTfmmd that it was factually wrong as the respondent's
revised profile after getting redressal had rcsulled in elevating his position   D
to 7'' place instead of 15m. According to the AFT, had there been correct
facts before the Board Members, they may have given higher marks to
the respondent. The AFT has even castigated the otlicers who, according
to the AFT, were guilty of furnishing wrong information which caused
serious injustice to the respondent and subverted the system.
                                                                                 E
       15. The AFT mentioned that since Mr. Sanjccv Chopra was given
I. 70 marks out of the two marks, by the Board, there was no reason to
give 1.50 marks to the respondent. Having regard to the fact that in the
original SPB meeting, award of these marks commensurate with the
quantified marks of the candidate, the respondent is also entitled to 1.70
marks and in this way he would attain above the cut-off marks and more           F
marks than given to Mr. Sanjeev Chopra, who has been promoted as Lt.
Gen.
       16. Challenging the aforesaid approach of the AFT, Mr. Maninder
 Singh, learned Additional Solicitor General appearing for the appellant
 submitted that AFT has committed a grave error in undermining the               G
 discretion that is gi vcn to the Members of the Board for award of board
 marks. It is pointed out that these marks arc not to be given on the basis
 of ACRs. On the contrary, it is on the basis of overall profile of the
·concerned officer which included exceptional achievements,

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70            SUPREME COURT REPORTS                         [2017) I I S.C.R.


A    appointments held, medical category, disciplinary background. field area-
     difficult area posting etc. In this very hue. it is also contended that it
     was not permissible for the AFT to determine as to how many marks
     arc to be given to the respondent and by doing so the AFT has usurped
     the function of the Members of the Board. It is abo submitted that
     Members of the Board are Chiets of Air force, Army and Navy. It can
B
     reasonably ~c infcn-cd that they would have gone through overall profile
     of the respQndcnt and still decided to maintain the same marks in the
     Review SPB which were given to the respondent in the original SPB
     held in January, 2016. On this basis, the learned ASG also took strong
     exception to the rcl!larks of the AFT that the three Service Chiefs arc
c    hardly expected tu examine the records in minute details.
            17. There is no dispute insofar as legal propositions advanced by
     the learned ASG are concerned. Undoubtedly, the Members of the
     Board arc empowered to award marks out of the two marks which arc
     reserved for them. For this purpose, it is not the ACR alone but the
D    entire profile of an ot1icer which is lo be looked into. Insofar as, marks
     for ACR are concerned these have already been awarded under the
     head 'average marks of ACR extrapolated out of 90'. It shows that
     significant importance is attached to the ACRs inasmuch as 90 marks
     out of 95 marks arc to be assigned on the basis of ACRs. Therefore, it
     cannot be disputed that while awarding marks out of the two marks
E
     reserved for the Members of the Board, they can examine the overall
     profile of the offa:cr and arc not supposed tu restrict it to the ACR
     alone. It also needs no elaboration that Board Members arc the three
     Chiefs of Services and it can very well be presumed that they would
     assess an officer in an objective manner. Indubitably, higher degree of
F    trust can be reposed in them and their assessment is not to be interdicted
     unless very weighty and overwhelming material is produced warranting
     intcrfcrcnuc while undcrtakingjudicial review of such an exercise.
            18. We may mention here that the appellants had placed strong
     reliance upon the earlier judgment of the AFT dated 16'" January, 2015
G    rendered in OA No. 120 of 2014 entitled Major General S.K.
     C/wkravorty v. Union <!f India and Others. In that case. the AFT
     had held that the allocation of system of marks, i.e., award of marks by
     the Board Members out of two (02) marks allotted to the Board, is
     based on value judgment. In the impugned judgment. the AFT
     distinguished the said judgment with the remarks that that case was not
H
  UNION OF INDIA AND OTHERS v. MAJ. GEN. MANOMOY                                71
             GANGULY. VSM [A. K. SJKRI, J.]

in respect of the Armed Medical Corps wherein the assessment is based           A
on quantified check marks. This basis of distinguishing the judgment in
SK. Chakravorty is clearly erroneous. We may note that the provision
for assessment for promotion to Lt. General is same whether it is Army
per se or Armed Medical Corps. The principle enunciated in SK.
Chakravorty is based on the judgments of this Court in Air Vice Marshal         B
~:L. C/111bbra, VSM (Reul) v. Union ofIndia & Am:'. Major General
J.P.S. Dewan v. Union of India & Ors.'· Dafpat Abasaheb Sol1111ke
& Ors. v. Dr. B.S• .!11"/111j1111 & Ors. 3 , and S11rinder S/111klt1 v. Union
of India & Ors. 4
        19. Having said that, insofar as the present case is concerned, we
find it difficult to disagree with the ultimate conclusion arrived at by the    c
AFT in the facts of this case, even if some of the observations of the
AFT may not be correct. Most important feature which is noted by the
AFT and could not be disputed by the appellant is the manner in which
exercise was undertaken while holding SPB meeting on 20'h January,
2016. Even when the Board Members were entitled to give marks to                D
the candidates on the basis of overall profile that was not done. On the
contrary, the marks given to those officers who were considered in that
SPB, were strictly on the basis of marks obtained by them out of 93
marks.
        20. That become.~ clear from the record produced by the learned         E
ASG for our perusal at the time of hearing. This is the case in respect of
all officers, without any exception. The AFT is right in observing that in
the meeting held on 20'h January, 2016 Board Marks to all officers who
are considered commensurate with the quantified marks of the
candidates. Thus, the Board Members adopted the criteria of looking
into the quantified marks as the yardstick for assessing overall profile.       F

      21. In the original SPB meeting, Major General Sanjeev Chopra
was awarded 1.70 out of2 marks whereas the respondent was awarded
1.50 marks. Lesser marks given to the respondent were because of the
reason that marks aw:irded to him out of93 were lesser than Mr. Sanjccv
Chopra. Result of the redressal was that the marks of the respondent            G
became higher than Mr. Sanjecv Chopra which necessitated Review

·' (1993) Supp (4) sec 441
'0 995) 3 sec 383.
 '1199011sec305
 • 12008) 2 sec 649                                                             H
72             SUPREME COURT REPORTS                         [2017] II S. C.R.


A    SPB. This Review SPB meeting has to be on the same standards which
     were adopted in otiginal SPB meeting. It has to be on the assumption as
     if case of the respondent is considered in the original SPB, but with
     revised profile. Ill the SPB held on 20'h January, 2016, had the revised
     marks of the respondent available, which were more than the quantified
     marks ofSanjeev Chopra, the respondent would have ce1tainly got I. 70
B
     out of 2 marks by the Board. It is stated at the cost of repetition that
     was the criteria adopted by the Members of the Board itself viz. awarding
     the marks (out of 2) in line with the quantified marks. Having not
     undertaken the independent exercise oflooking into the "overall profile"
     in the SPB held on 20'" January, 2016 and instead assigning the marks to
c    all the officers m1t of2 marks, on the basis of quantified marks of the
     candidates whicll they had received out of 93 marks by treating the
     same as "overall profile", when it comes to Review SPB the appellant is
     supposed to stick to the s;1111e criteria. Only that would show fairness in
     approach, which would also be in conformity with the principles of equality
     enshrined inA1ticlc 14 of the Constitution. It is because of the reason
D
     that Review SPB is nothing but extension of original SPB, wherein the
     respondent was supposed to be considered on the same parameters as
     if he was participating in promotion process undertaken in original SPB.
           22. Other aspect which is highlighted by the AFT in the impugned
  judgment is equally significant, viz., Noting No. 3 of the Board proceedings
E was factually incorrect. As pointed out above, as per Noting No.3, the
  respondent's CR merit in chance one changed from l 6'h position to ! S•h
   position among 18 officers considered for only 6 vacancies. This Noting
  gave the impression that even after the redress. the chances of promotion
  of the respondent hardly improved. On the contrary, fact is that after
F the redress, position of the respondent had jumped from 16'" to 7'".
  Another significant aspect which was omitted was that with this jump,
   his quantified check marks (i.e. out of 93) became more than Major
   General Sanjcev Chopra, who was promoted after his assessment in the
   original SPB even when he was junior to the respondent. But for this
   error, there was a possibility of different outcome even on value judgment
G of the respondent by the Board Members.

           23. For these reasons, we arc not interfering with the directions
     given by the AFT. We make it clear that in any fnture selections, it
     would always be open to the Members of the Board to award the marks
     (out of2 marks assigned for this purpose) keeping in view the overall
H
  UNION OF INDIA AND OTHERS v. MAJ. GEN. MANOMOY                                73
             GANGULY, VSM [A. K. SIKRI, J.)

profile of the officers as per Promotion Policy dated 14" January, 2004         A
and as amended vide letter dated I 7" May, 2006.
        24. This appeal is, accordingly, dismissed with the direction to the
appellant to take further steps, without loss of time, as stated by the AFT
in the impugned judgment.
                                                                                B

Kalpana K. Tripathy                                         Appeal dismissed.