AFT Upholds IAF Promotion Policy: Lack of Vacancies Not Grounds to Strike Down Rules
Tribunal dismisses plea of Air Vice Marshal challenging empanelment process
Court says promotion policy cannot be invalidated merely due to non-availability of posts
By Our Legal Correspondent
New Delhi: February 12, 2026:
The Armed Forces Tribunal (AFT) has ruled that the Indian Air Force (IAF) promotion policy cannot be struck down simply because there are no vacancies at a given time. The judgment, delivered on February 9, 2026, dismissed the petition of an Air Vice Marshal who had challenged his non-empanelment for promotion on two occasions. The Tribunal clarified that the absence of vacancies does not render the promotion policy invalid, nor can the results of a selection committee be challenged solely on the ground that the assessment was not proper or justified.
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Background of the Case
- Petitioner: An Air Vice Marshal who was twice denied empanelment for promotion.
- Grievance: He argued that the promotion policy was unfair since vacancies were not available and claimed that the selection committee’s assessment was flawed.
- Tribunal’s stance: The AFT dismissed the petition, holding that promotion policies are framed to regulate career progression and cannot be invalidated merely because vacancies are limited.
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Court’s Observations
The Tribunal made several important points:
- Policy validity: Promotion policies are designed to ensure fairness and merit-based progression. Lack of vacancies is a situational factor, not a flaw in policy.
- Selection committee discretion: The committee’s assessment cannot be challenged unless there is clear evidence of mala fide intent or violation of rules.
- No automatic right to promotion: Officers have a right to be considered for promotion, but not an automatic right to be promoted.
- Judicial restraint: Courts and tribunals must respect the discretion of the armed forces in framing promotion policies, unless they are arbitrary or discriminatory.
Wider Legal Context
Promotion policies in the armed forces have often been contested in courts. The Supreme Court in Union of India v. Air Commodore N.K. Sharma (2023) reaffirmed that military promotion policies fall within the domain of executive discretion, and judicial review is limited to cases of arbitrariness or violation of fundamental rights.
Similarly, earlier cases such as Air Commodore Naveen Jain v. Union of India (2017) highlighted that promotion depends not only on merit but also on availability of vacancies, and courts cannot interfere unless there is clear evidence of bias or illegality.
Why This Matters
- For officers: Clarifies that non-availability of vacancies cannot be used as a ground to challenge promotion policies.
- For armed forces: Reinforces the principle that promotion policies are valid even when vacancies are limited.
- For judiciary: Sets boundaries on judicial review in military promotion matters, ensuring respect for executive discretion.
Conclusion
The AFT’s ruling strengthens the principle that promotion policies in the armed forces cannot be invalidated merely due to lack of vacancies. By dismissing the petition, the Tribunal has reaffirmed that officers have a right to be considered for promotion but not an automatic right to be promoted. This judgment aligns with earlier Supreme Court rulings and provides clarity on the scope of judicial review in military promotion matters.
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