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8) The relevant clauses from the Policy dated February 20, 2008 read as under:

“11. Zone of consideration. (a) Zone of consideration will be 3 times the number of vacancies occurring. However, if Zone of Consideration extends to the next course then all officers who have retained their seniority from that course would be considered.
(b) All the second and third timers will necessarily form part of zone of consideration, irrespective of the number of vacancies.
(c) In cases where available offices in any branch from which promotions are to be made is less than the stipulate zone consideration of 3 times, the actual number of officers available will form the zone of consideration.
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13. Eligibility. An officer should have at least one appraisal report in the rank held by him at the time of his consideration for promotion.

18) In view of the principles governing the right of promotion as delineated above, we find that the grievance of the appellant is in respect of lost chances of promotion inasmuch as he attained the age of superannuation before the vacancy arose. Clauses 17 and 22 are categorical that the select list of officers will be prepared from merit list and rearranged in order of seniority. Thus, the final list of the candidates falling within the zone of consideration in terms of clause 11 and who are eligible in terms of clause 13 is determined first by preparing the merit list on the basis of AR marks and Board marks. Thereafter, the names of the officers found meritorious are to be rearranged in order of seniority as per clauses 17 and 22 of the Promotion Policy. Thus, it ensures that the candidates falling within the zone of consideration are short listed for promotion but ultimate promotion from amongst the selected candidates is on the basis of seniority. Such policy per se cannot be said to be illegal, arbitrary and discriminatory so as to attract the violation of either Article 14 or Article 16 of the Constitution.

22) The promotion has to be affected in terms of statutory rules and in absence thereof, as per the executive instructions. The policy provides equal opportunities to the officers falling within the zone of consideration and subsequent promotion. Such policy is not discriminatory in terms of Article 14 or denies lack of equal opportunity in terms of Article 16. The promotion to the post of Air Vice Marshal is governed by the policy of Air Force which is applicable to all officers falling in the zone of consideration. Therefore, the Promotion Policy cannot be said to be illegal, arbitrary and irrational warranting interference in exercise of power of judicial review.