Supreme Court Upholds Promotion of Brigadier Javed Iqbal to Major General Despite Medical Category

The Supreme Court of India, in the case of Union of India & Ors. v. Brigadier Javed Iqbal, delivered a significant judgment on May 17, 2022, affirming the decision of the Armed Forces Tribunal (AFT) to promote Brigadier Javed Iqbal to the rank of Major General in the Judge Advocate General’s (JAG) Branch. The Court dismissed the Union of India’s appeal, ruling that the selection process had considered all necessary criteria, including medical fitness.

Background of the Case

The case originated from an appeal by the Union of India challenging an order of the AFT, Regional Bench, Lucknow, dated January 7, 2022, which directed the promotion of Brigadier Javed Iqbal to Additional Major General (Litigation) in the JAG Branch with all consequential benefits.

Brigadier Javed Iqbal, a 1989 batch officer in the JAG Branch, had served for over 33 years and was currently designated as Deputy Judge Advocate General. He was recommended for promotion by the No.1 Selection Board, which evaluated candidates based on merit, service record, and medical fitness.

The dispute arose when the Military Secretary’s Branch objected to his promotion, citing his medical classification as SHAPE-2, arguing that officers in lower medical categories were not eligible for higher ranks.

Key Legal Issues

Whether an officer classified as SHAPE-2 can be promoted to a higher rank in the Indian Army.
Whether the No.1 Selection Board’s recommendation could be overridden based on medical classification.
The validity of the Union of India’s objection to the promotion based on an outdated medical assessment.

Arguments by the Petitioner (Union of India)

The Union of India, represented by Additional Solicitor General Madhavi Divan, argued:

Every promotion in the Indian Army is subject to a prescribed procedure, including medical fitness.
The respondent was placed in the low medical category (P2) due to hypertension, making him ineligible for promotion as per the Army’s medical classification policy.
Despite being recommended by the No.1 Selection Board, his promotion was subject to meeting medical criteria.
The Re-Medical Board found his blood pressure within acceptable limits but maintained his classification as P2(P), indicating he was on continuous medication.

Arguments by the Respondent (Brigadier Javed Iqbal)

Brigadier Javed Iqbal, represented by Senior Advocate Devadatt Kamat, countered:

The No.1 Selection Board had considered his medical condition and still recommended him for promotion.
The Chief of Defence Staff (CDS) had reviewed and cleared his promotion after considering his medical records.
The AFT found that the Union of India had unfairly obstructed his promotion despite clearance from higher authorities.
The Re-Medical Board upgraded his classification to SHAPE-1 after determining that he was not on medication for hypertension.

Supreme Court’s Observations

The Supreme Court extensively reviewed the No.1 Selection Board’s proceedings, medical evaluations, and regulatory policies. The Court noted:

“The medical classification of SHAPE-2 does not automatically disqualify an officer from promotion, provided that the Selection Board and higher authorities are satisfied with his ability to perform duties.”

The Court found that the No.1 Selection Board had considered all factors, including the respondent’s medical classification, before recommending his promotion. Furthermore, the Chief of Defence Staff had also reviewed the medical assessment and approved the recommendation.

The Court also cited Army Regulation 67(b), which allows officers in SHAPE-2 to be considered for promotion if the Medical Board determines that they are fit for active service. The Supreme Court rejected the argument that Brigadier Iqbal’s medical condition made him unfit for the role, noting that his responsibilities as a JAG officer did not require field service in high-altitude areas.

Final Judgment

The Supreme Court upheld the AFT’s decision and directed that the promotion be implemented without further delay, stating:

The No.1 Selection Board and higher authorities had lawfully exercised their discretion in recommending the respondent’s promotion.
The medical assessment used by the Union of India to deny promotion was outdated and had been superseded by a later assessment upgrading the respondent to SHAPE-1.
There was no basis for the Military Secretary’s interference in the promotion process.

Key Takeaways from the Judgment

Medical classification alone cannot be used as a blanket disqualification for promotions in the Armed Forces.
The Selection Board’s recommendations, once reviewed and cleared by higher authorities, cannot be arbitrarily overturned.
The judgment reaffirms the importance of procedural fairness in military promotions.
Armed Forces personnel must be evaluated holistically, considering their ability to perform their duties rather than a rigid classification of medical status.

Conclusion

The Supreme Court’s ruling in Union of India & Ors. v. Brigadier Javed Iqbal reinforces the principle that promotions in the Armed Forces must be based on a fair and transparent evaluation process. By upholding the No.1 Selection Board’s recommendation and directing immediate implementation of the promotion, the Court has ensured that merit and due process are not overridden by arbitrary administrative decisions.

This case serves as a precedent for future disputes involving medical classifications in military promotions, emphasizing that procedural fairness and due consideration of an officer’s overall service record should take precedence.

Petitioner Name: Union of India & Ors..
Respondent Name: Brigadier Javed Iqbal.
Judgment By: Justice A.S. Bopanna, Justice Indira Banerjee.
Place Of Incident: Lucknow, Uttar Pradesh.
Judgment Date: 17-05-2022.

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