Page No.# 1/ vs The Union Of India And 5 Ors on 26 March, 2026

                                                                         Page No.# 1/11

GAHC010269772022




                                                                 2026:GAU-AS:4341

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : WP(C)/136/2023

            2IC SECOND IN COMMANDANT/CHIEF/DENTAL SURGEON SUMAN
            NO. ARDS-6100013 PRESENTLY SERVIG AT NO. 4 DENTAL UNIT ASSAM
            RIFLES UNDER THE HEAD QUARTER INSPECTOR GENERAL ASSAM
            RIFLES (EAST) SRIKONA SILCHAR C/O 99 APO PIN-932553



            VERSUS

            THE UNION OF INDIA AND 5 ORS.
            REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME
            AFFAIRS NORTH BLOCK NEW DELHI PIN-110001

            2:UNIO OF INDIA
             REP.BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HEALTH
            AND FAMILY WELFARE AND DEPTT. OF PERS AND TRAINING NORTH
            BLOCK NEW DELHI PIN-110001

            3:THE DIRECTOR GENERAL ASSAM RIFLES
             SHILLONG MEGHALAYA

            4:DIRECTOR MEDICAL
             MEDICAL BRANCH HEAD QUARTER DIRECTOR GENERAL ASSAM RIFLES
            SHILLONG MEGHALAYA

            5:INSPECTOR GENERAL
            ASSAM RIFLES (EAST) HEAD QUARTER DIRECTOR GENERAL OF ASSAM
            RIFLES (EAST) SRIKONA SILCHAR ASSAM

            6:THE COMMANDER 23 SECTOR ASSAM RIFLES
             C/O 99 APO PIN-93242

Advocate for the Petitioner   : MR V KUMAR, MR. B PATHAK,MR B HAZARIKA
                                                                          Page No.# 2/11

Advocate for the Respondent : DY.S.G.I., MRS S BARUAH

:::BEFORE:::

HON'BLE MR. JUSTICE KARDAK ETE

Date on which judgment is reserved : 19.03.2026 Date of pronouncement of judgment : 26.03.2026 Whether the pronouncement is of the operative of the judgment? : No

Whether the full judgment has been pronounced? : Yes

JUDGEMENT & ORDER (CAV)

Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Central Government Counsel for the respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to grant her promotion to the post of Deputy Commandant (Senior Dental Surgeon) with retrospective effect, w.e.f. 29.11.2024 along with all consequential benefits as per her seniority.

3. The case, in brief, is that the petitioner was enrolled in the Assam Rifles on 29.11.2010 as an Assistant Commandant (Dental Surgeon) as per the Central Paramilitary Forces Combined (Dental Surgeon Cadre) Recruitment Rules, 2010 (hereinafter referred to as 'Recruitment Rules, 2010' in short). After completion

of basic military training from 06.12.2010 to 20.12.2010, she was posted to 9 th Page No.# 3/11

Dental Unit Assam Rifles and thereafter, posted at various places in the North Eastern Region of India.

4. While serving as Assistant Commandant (Dental Surgeon), a baby boy was born to the petitioner on 01.02.2013. In the meantime, the respondent authorities have detailed the petitioner to undergo the Medical Officers' Basic Course (MOBC in short) at Officer Training College, AMC Centre & College, Lucknow. However, the petitioner, vide W.T. message dated 16.12.2013, submitted her unwillingness to attend the said course due to the birth of her baby as the doctor advised her to avoid hard physical activities for at least one & half year. Subsequently, the petitioner applied for Child Care Leave and accordingly, she was granted Child Care Leave for 580 days w.e.f. 18.07.2014 to 17.02.2016. Upon her rejoining, the petitioner was again detailed for MOBC at AMC Centre and College, Lucknow, wherein she underwent the said course of MOBC from 18.02.2016 to 20.04.2016 and successfully completed the same with over all "B" grading.

5. Thereafter, the petitioner was promoted to the rank of Deputy Commandant (Senior Dental Surgeon) vide dated 02.06.2016 w.e.f. 02.06.2016. The petitioner submitted a representation on 15.06.2017 stating that as per the Recruitment Rules, 2010, the criteria for promotion from Assistant Commandant (Dental Surgeon) to Deputy Commandant (Senior Dental Surgeon) is completion of 4 (four) years of service in the grade and being in medical category SHAPE-I, and on completion of Basic Combatisation Training.

6. It is the specific case of the petitioner that she had already undergone Page No.# 4/11

basic military training at the Assam Rifles Training Centre & School from 06.12.2010 to 20.12.2010 and therefore, upon completion of 4 (four) years of service, she became entitled to promotion w.e.f. 29.11.2014. The representation of the petitioner was rejected by the respondent authorities. The petitioner thereafter, submitted another representation for reconsideration of her promotion as no clear cut grounds were provided for rejecting the grievance of the petitioner as the rejection only reflected that the promotion from Assistant Commandant (Dental Surgeon) to Deputy Commandant (Senior Dental Surgeon) can be done only upon fulfilment of the complete eligible criteria prescribed in the Recruitment Rules, including the prescribed training requirement.

7. In response, the respondent authorities informed the petitioner that the Departmental Promotion Committee (DPC) for promotion from Deputy Commandant (Senior Dental Surgeon) to the rank of Chief Dental Surgeon (Second-In-Command) was held on 14.10.2019 and the recommendations were forwarded to Ministry of Home Affairs on 17.10.2019 for approval. It has been further informed that before convening of DPC for the year 2020, a query was made to the Ministry of Home Affairs regarding consideration of the petitioner's case for promotion to the rank of Second-In-Command (Chief Dental Surgeon), which was replied to the extent that "senior-junior" clause has been deleted from the Dental Posts Recruitment Rules, 2019 and further directed to conduct a Review DPC without considering the name of the petitioner as the petitioner had been promoted to the rank of Deputy Commandant (Senior Dental Surgeon) w.e.f. 02.06.2016. Accordingly, it was indicated that the petitioner would be considered for promotion to the rank of Second-in-Command (Chief Dental Surgeon) in the DPC for the year 2022, with effect from 02.06.2021. The Page No.# 5/11

petitioner, being aggrieved, again submitted representation seeking grant of promotion from the date of her eligibility.

8. Mr. B. Pathak, learned counsel for the petitioner, submits that the petitioner had completed the mandatory basic military training at the Assam Rifles Training Centre & School during the period from 06.12.2010 to 20.12.2010 and as per the said Recruitment Rules, 2010, the criteria for Basic Combatisation Training would mean basic military training for promotion from Assistant Commandant (Dental Surgeon) to Deputy Commandant (Senior Dental Surgeon). However, despite fulfilling all the eligibility criteria for promotion, the respondent authorities has denied the promotion w.e.f. 29.11.2014 as Deputy Commandant (Senior Dental Surgeon) and Second-In-Command (Chief Dental Surgeon) w.e.f. 29.11.2019. As per the Rules of 2010, the basic criteria for promotion to the rank of Deputy Commandant (Senior Dental Surgeon) is from amongst the Assistant Commandant (Dental Surgeon) on completion of 4 (four) years of service in the grade and being in medical category SHAPE-I and on completion of Basic Combatisation Training. The petitioner having been completed 4 (four) years service and being in medical category SHAPE-I and completed the Basic Combatisation Training, the authority ought to have granted the promotion to the rank of Deputy Commandant (Senior Dental Surgeon) as per her seniority w.e.f. 29.11.2014.

9. He submits that the action of respondent authorities in denying promotion to the petitioner to the rank of Deputy Commandant (Senior Dental Surgeon) from the date of her eligibility is arbitrary, illegal and contrary to the provisions of the Recruitment Rules, 2010 and as such, the respondent authorities are Page No.# 6/11

liable to be directed to consider the case of the petitioner for granting promotion to the post of Deputy Commandant (Senior Dental Surgeon) as per the seniority w.e.f. 29.11.2014, along with all consequential benefits and to higher promotional posts.

10. Per contra, Ms. S. Baruah, learned CGSC, for the respondents, submits that the petitioner, having been appointed and joined in the Assam Rifles as Assistant Commandant (Dental Surgeon) on 29.01.2010, was eligible for promotion to the rank of Deputy Commandant (Senior Dental Surgeon) on 29.11.2014 after completion of 4 (four) years of service in the grade, subject to her being in the medical category SHAPE-I and on completion of Basic Combatisation Training. Accordingly, the petitioner was detailed to undergo the MOBC w.e.f. 23.01.2014 to 26.03.2014. However, the petitioner expressed her unwillingness to attend the said training on account of the birth of her child on 01.02.2013 and on advice of the doctor to avoid her physical activities for a period of at least one and a half years. After accepting her unwillingness, the petitioner was again detailed to attend MOBC w.e.f. 14.07.2014 to 13.09.2014, which she again did not avail. Subsequently, after rejoining duty from Child Care Leave on 17.02.2016, the petitioner underwent the MOBC from 18.02.2016 to 20.04.2016. It is, therefore, the petitioner was fully aware of the fact that the Basic Combatisation Training was a mandatory requirement for promotion to the rank of Deputy Commandant (Senior Dental Surgeon) and she was detailed for such training only after 18 (eighteen) months of her delivery as advised by the Doctor.

11. She submits that the petitioner was considered for promotion to the rank Page No.# 7/11

of Deputy Commandant (Senior Dental Surgeon) in the DPC for the year 2015- 2016 on completion of the requisite Basic Combatisation Training, i.e., the Medical Officers' Basic Course (MOBC). The Basic Military Training conducted at Assam Rifles Training Centre & School is conducted immediately after recruitment of Assam Rifles Medical Officer in order to familiarize the newly recruited Assam Rifles Medical Officers to the basics of Military life and functioning of Assam Rifles. Such Basic Military Training, is different from Basic Combatisation Training which is required as per Recruitment Rules, 2010 for promotion from Assistant Commandant (Dental Surgeon) to Deputy Surgeon (Senior Dental Surgeon). Therefore, mere completion of 4 (four) years of service and being in medical category SHAPE-I would not, by itself, render an officer eligible for promotion unless the mandatory requirement of Basic Combatisation Training is fulfilled in terms of the Recruitment Rules, 2010.

12. I have considered the submissions of learned counsel for the parties and also perused the materials available on record, including the Rules of 2010.

13. The method of recruitment to the Group 'A' Combatised (Dental Surgeon) posts in Central Military Force under the Ministry of Home Affairs is regulated by the Central Paramilitary Forces Combined (Dental Surgeons Cadre) Recruitment Rule, 2010.

14. As per column 12 to the schedule of the Central Paramilitary Forces Combined (Dental Surgeon Cadre) Recruitment Rule, 2010, promotion to the post of Deputy Commandant (Senior Dental Surgeon) is to be made from amongst the Dental Surgeons (Assistant Commandant- Dental) on completion of Page No.# 8/11

4 (four) years of service in the grade and being in medical category SHAPE-I on completion of Basic Combatisation Training. The said provision further contains a stipulation to the effect that where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less and have successfully completed their probation period for promotion to the next higher grade alongwith their juniors who have already completed such qualifying or eligibility services.

15. Perusal of the aforesaid Rules clearly reflects that promotion to the post of Deputy Commandant (Senior Dental Surgeon) is to be made from amongst the Dental Surgeon (Assistant Commandant- Dental) on completion of 4 (four) years of service in the grade and being in medical category SHAPE-I and on completion of Basic Combatisation Training. However, the expression "Basic Combatisation Training" has not been defined under the said Rules. There is no dispute that the petitioner had joined Assam Rifles as Assistant Commandant (Dental Surgeon) on 29.11.2010 and she would be eligible for consideration for promotion to the rank of Deputy Commandant (Senior Dental Surgeon) on 29.11.2014 on having been completed 4 (four) years of service in the said grade, subject to fulfilment of the other prescribed conditions.

16. In the above backdrop, the core and narrow issue that arises for determination is as to whether the Basic Military Training undergone by the petitioner at the time of her induction can be construed as "Basic Combatisation Training" under the Recruitment Rules, 2010, or is it the Medical Officers' Basic Page No.# 9/11

Course (MOBC) alone which would satisfy the said requirement.

17. It is not in dispute that the petitioner has completed the Basic Military Training w.e.f. 06.12.2010 to 20.12.2010 and has undergone MOBC w.e.f. 18.02.2016 to 20.04.2016. Having been considered that the expression "Basic Combatisation Training" is not defined in the Recruitment Rules, 2010, this Court granted several opportunities to the learned Central Government Counsel to clarify the stand of the respondents in this regard. In response, the learned Central Government Counsel submitted that the Basic Combatisation Training referred to in the Recruitment Rules, 2010 would mean the Medical Officers' Basic Course (MOBC) and therefore, an officer is required to undergo the said course to fulfill the training prescribed for promotion. In other words, according to the respondents, the Basic Combatisation Training is to be understood as the Medical Officers' Basic Course (MOBC) and not basic military training.

18. Upon consideration, it is the view of this court that the expression "Basic Combatisation Training", which has not been defined in the Recruitment Rules, 2010, cannot be equated with the Medical Officers' Basic Course (MOBC) merely on the basis of the interpretation advanced by the respondents. The terminology "combatisation training" prima facie suggests training relating to combat orientation and it cannot automatically be presumed to be synonym with MOBC. At the same time, it would also not be appropriate to equate Basic Military Training undergone at the time of induction with Basic Combatisation Training, as both appear to serve distinct purposes. Had it been the intention of the rule-making authority to treat Basic Military Training as Basic combatisation training, the same would have been expressly provided in the Recruitment Page No.# 10/11

Rules, 2010. Thus, in the absence of a clear definition or adequate supporting material on record, neither Basic Military Training nor the Medical Officers' Basic Course (MOBC) can be conclusively held to constitute "Basic Combatisation Training." Under such circumstances, it would not be appropriate for this Court to substitute the view of the rule-making authority, particularly in matters concerning paramilitary forces. It is also noticed that after joining service as Dental Surgeon (Assistant Commandant-Dental), the petitioner has completed the Basic Military Training and was thereafter posted to various places. Subsequently, upon being detailed for the third time, the petitioner underwent and successfully completed the Medical Officers' Basic Course (MOBC) from 18.02.2016 to 20.04.2016.

19. Having considered that the expression "Basic Combatisation Training" in the Recruitment Rules, 2010, appears to be not capable of either being "Basic Military Training" or "MOBC" and considering that it would not be permissible to read in between the lines, I am of the considered view that the issue as to whether "Basic Combatisation Training" would include either of the aforesaid trainings/courses, would require reconsideration by the respondent authorities. Accordingly, it would be appropriate to direct the respondent authorities to examine and determine as to whether the "Basic Combatisation Training", as contemplated under the Recruitment Rules, 2010, would mean Basic Military Training or MOBC and to take an appropriate decision in that regard as the parties in the present proceedings have failed to brought on record any sufficient materials to determine the issue, despite several opportunities provided to them.

20. In view of above, this writ petition is disposed of with a direction to the respondent authorities to reconsider and determine whether the Basic Military Page No.# 11/11

Training or the Medical Officers' Basic Course (MOBC) would be the "Basic Combatisation Training" in terms of Column 12 of the Schedule to the Recruitment Rules, 2010. In the event if the Basic Military Training is considered as Basic Combatisation Training, the case of the petitioner shall be reconsidered for promotion to the post of Deputy Commandant (Senior Dental Surgeon) w.e.f. 29.11.2014. If, on the other hand, it is held that MOBC constitutes the requisite Basic Combatisation Training, appropriate order shall be passed in accordance with law. The exercise, as directed hereinabove, shall be completed within a period of 60 days from the date of receipt of certified copy of this order.

21. Writ petition stands disposed of in term above.

JUDGE

Comparing Assistant