Vivek Kumar Jaiswal & Ors vs Airport Authority Of India on 18 July, 2016
13. That apart, it appears the position under the Regulations, was not
the same as in the case in hand. Further, the criteria was prescribed
through internal notings. On facts, the judgment is distinguishable. The
plea of the learned Senior Counsel for the petitioners that the said
decision is not applicable for promotions, inasmuch as the decision itself
suggest, that it would be for direct recruitment, by referring to pages 79
and 81 of the paper-book is concerned, no doubt, the position of law,
when a recruitment is effected through limited departmental competitive
W.P.(C) No.5771/2016 Page 14 of 18
examination, the recruitment must be held to be a promotion but on a
closure look of the Rules, it is noted that the zone of consideration is not
from a defined feeder cadre but from all the non-executives, working in
Airports Authority of India, subject to the candidate having the
qualification for direct recruitment. The aspect that whether the
recruitment is by direct recruitment, promotion has no effect on the issue
under consideration, as the circular dated November 12 2009, in terms of
para 4 (ii), which is reproduced hereunder, does indicate that a candidate
has to pass a written test for the recruitment in question.