Rupesh Patil vs MINISTRY OF INFORMATION AND BROADCASTING on 28 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH 61/35, COPERNICUS MARG,NEW DELHI-110001 Order Sheet Item no.: 25 Diary No: 12936/2026 [ PROMOTION ] Court No.: 3 No of Adjournment: 1 Order Dated: 28/10/2026 RUPESH PATIL Vs MINISTRY OF INFORMATION AND BROADCASTING

For Applicant(s) Advocate : Mr. Anil Singal in OA No. 4180/2026, Apurb Lal with Ms. Neha Mondal in OA Nos. 4265/2026, 4266/2026, 4267/2026, 4268/2026, 4269/2026, 4270/2026, 4271/2026, 4272/2026 and D. Nos. 12862/2026, 12870/2026, 12871/2026, 12872/2026, 12873/2026, 12885/2026, For Respondent(s) Advocate : Ms. Jayna Kothari (Sr. Adv) with Mr. Prakhar Bhatnagar, Mr. Akram Pasha, Mr. Sahitya Sharam (Private Respondent No. 5 and 6), Mr. Balendu Shekhar, Mr. Krishna Chaitanya, Mr. Divyansh Singh Dev, Mr. Raj Kr. Maurya,, Ms. Vandana Mishra, Ms. Rosetta Veena Ekka, Mr. Utkarsh Tyagi, Mr. Sunil Bhatia along with Mr. Ravinder Dev (DDG), Mr. Vivek Singh, Mr. Vineet Singh in Item 22, Mr. Trilok Singh Bisht in Item Nos. 18,19, 21, Ms. Rinky Negi in Item 8, Mr. Bijendra Sin, Mr. Ranjit singh, Dr. Rajesh Kr. Gupta, Mr. Jagdeep Mehra in Item 17 in Item 10, Ms. Annu Singh in Item 26, 27, 28, Mr. Rohit Sambher in Item 9, Ms. Mamta Rani in Item 7, Mr. R S Rana in 11 and 14, Mr., U Srivastava in Item 23, 25, 32, Mr. Vishan Kr., Mr. Aman Oberoi in Item 12, R K Sharma in Item 31 to 34 Order of The Tribunal OA No. 4180/2026 filed by Mr. Anil Singal, Advocate appearing for the applicant seeking as an interim measure, stay of notification dated 14.08.2026 and direct not to conduct LDCE notified vide notification dated 14.08.2026 on 11.11.2026 and/or any other date and other OAs namely OA Nos. 4265/2026, 4266/2026, 4267/2026, 4268/2026, 4269/2026, 4270/2026, 4271/2026, 4272/2026 and D. Nos. 12862/2026, 12870/2026, 12871/2026, 12872/2026, 12873/2026, 12885/2026, 12932/2026, 12933/2026, 12936/2026, 12946/2026, 12948/2026, 12950/2026, 12951/2026, 12952/2026, 12953/2026, 12954/2026, 12956/2026, 12957/2026, seeking as an interim measure to allow the applicant to provisionally appear in the LDCE scheduled to be held on 01.11.2026, filed by Mr. Apurb Lal, Advocate, appearing for applicant are taken together. Accordingly, the Registry is directed to tag all the aforementioned OAs together.

2. MA No. 5444/2026 in OA No. 4180/2026 has been filed by the Association of Prasar Bharati Engineering Employees seeking impleadment as a party respondent in Original Application No. 4180/2026. After hearing learned counsel for the parties for some time and for the reasons stated in the application, the MA is allowed. The applicant is directed to file an amended Memo of Parties, along with an advance copy thereof to the newly impleaded respondents.

OA No.4180/2026

3. The applicant is aggrieved by the circular dated 14.08.2026 issued by Prasar Bharati inviting applications for the Limited Departmental Competitive Examination (LDCE) for promotion from the post of Senior Engineering Assistant (SEA) to the grade of Assistant Engineer (AE).

4. Learned counsel for the applicant would submit that the aforesaid circular has been issued in terms of the Recruitment Rules (RRs) prevalent in Prasar Bharati since 1985. As per the said Rules, an SEA who, as on 01.01.2026, is holding the post of SEA and has rendered not less than eight years of regular service, taken together in the grades of SEA and Engineering Assistant (EA), is eligible to participate in the LDCE for promotion to the post of AE.

5. Learned counsel for the applicant would further submit that the examination process initiated by Prasar Bharati is illegal and contrary to the orders passed by this Tribunal in OA No. 282/2018, decided on 08.02.2018. In this regard, he has drawn our attention to the order dated 08.02.2018, wherein this Tribunal had referred to its earlier order dated 30.11.2010 passed in OA No. 2940/2010, which reads as under:

“3. In the above view of the matter, the claim of the applicants without RRs being changed on a proposed administrative action, cannot be override the RRs as per the decision of the Apex Court in Union of India Vs. K.P. Joseph, 1973(1) SCC 194. We, however, cannot be oblivious of the right of the applicants to be considered on fair and equitable basis for promotion as a fundamental right for which we now direct respondents to finalize the merger and also the RRs in consultation with whatever authorities involved within a period of three months from the ate of receipt of a copy of this order and thereafter on the basis of vacancies available, the claim of the applicants for promotion through departmental competitive examination be considered. In such an event, the law shall take its own course. The OA accordingly stands disposed of. MAs stand disposed of also.”

6. After taking note of the aforesaid order passed by this Tribunal in OA No. 2940/2010, this Tribunal disposed of OA No. 282/2018 on 08.02.2018 in the following terms:

“2. Despite aforesaid directions which were issued in the year 2010, needful has not been done even after seven years of the directions. The prayer made in this OA is for a direction to respondent no.1 to notify the modified recruitment rules in accordance with the judgment and the decision of Prasar Bharti’s Board taken in 139th Board Meeting and the proposal forwarded thereafter. This application is accordingly disposed of with a direction to respondent no.1 to notify the modified recruitment rules within a period of three months from the date of receipt of certified copy of this order.”

7. It is an admitted position that the modified Recruitment Rules were not notified within the period stipulated by this Tribunal. However, the modified Recruitment Rules have since been notified on 02.09.2026.

8. Learned counsel for the applicant would submit that, with the notification of the modified Recruitment Rules on 02.09.2026, the posts of SEA and EA have been subsumed into the post of Junior Broadcast Engineer (JBE), which would henceforth constitute the feeder grade for promotion to the post of AE and that the recruitment rules for the post of AE after this merger, are yet to be notified. He would, therefore, contend that the LDCE, which is scheduled to be conducted on 02.11.2026 pursuant to the circular dated 14.08.2026, ought not to be permitted to proceed, as the posts in respect of which the examination was notified stand merged into the newly designated post under the modified Recruitment Rules.

9. Learned counsel for the applicant has also drawn our attention to DoPT ID No. 14017/20/2026-PP (RR) dated 09.10.2026 (Annexure A-5), wherein the DoPT has observed as under:

“2. In this regard, it is stated that as per the provisions of RR, Senior Engineering Assistants with 8 years combined regular service in the grade of Senior Engineering Assistant and Engineering Assistant, as on 1st of January of the year in which the DPC meets will be eligible for the LDCE . As per DoPT guidelines combined service provisions mentioned in the RRs is not in accordance with DoPT guidelines. The existing RRs, notified way back in the year 1985, are therefore required to be amended accordingly.

3. In so far as conducting the LDCE is concerned, Prasar Bharati cannot prescribe the authority to conduct the examination, scheme and syllabus of the examination for deemed deputationists.”

10. Referring to the aforesaid communication, learned counsel for the applicant would contend that serious questions have been raised regarding the competence of Prasar Bharati to prescribe the authority for conducting the examination, as well as the scheme and syllabus thereof. He would submit that the competence of Prasar Bharati to conduct the examination itself is, therefore, open to question.

11. Learned counsel for the applicant would further submit that, in view of the earlier orders passed by this Tribunal and the aforesaid DoPT communication dated 09.10.2026, the examination ought not to be conducted in its present form.

12. The aforesaid submissions have been vehemently opposed by learned counsel appearing for Prasar Bharati, who has handed over a list of documents across the Bar. He would submit that Prasar Bharati is fully competent and equipped to conduct the examination. His contention is that the notification inviting applications for the LDCE was issued on 14.08.2026, prior to the notification of the modified Recruitment Rules, and that the eligibility criteria specifically prescribe 01.01.2026 as the relevant cut-off date. Accordingly, the examination is intended for those candidates who fulfilled the prescribed eligibility conditions as on the said date. He would, therefore, contend that the subsequent notification of the modified Recruitment Rules would not affect the validity of the examination process already initiated. On these grounds, he opposes the relief sought in the OA.

OA No.4265/2026 & Batch

13. In these OAs, the applicants are aggrieved by the cut-off date of 01.01.2026 prescribed for determining eligibility to participate in the LDCE. Learned counsel for the applicants would submit that the applicants’ promotion to the post of SEA was delayed on account of the respondents undertaking an extensive cadre review exercise. He would contend that, although the applicants are otherwise eligible, they have been excluded from participating in the LDCE solely because their promotion to the post of SEA took place after the prescribed cut-off date of 01.01.2026. Relying upon the order dated 22.10.2026 passed by this Tribunal in the case of similarly situated employees, learned counsel seeks similar interim relief for the applicants.

14. We have heard learned counsel for the parties and perused the relevant documents on record.

15. We are informed that the preparations for conducting the LDCE are at an advanced stage. We also note that there has been considerable delay on the part of Prasar Bharati in notifying the modified Recruitment Rules, which ought to have been notified much earlier in compliance with the directions issued by this Tribunal.

16. At this stage, the principal questions raised by the applicant, including the competence of Prasar Bharati to conduct the examination and the effect of the modified Recruitment Rules upon the examination process initiated under the circular dated 14.08.2026, require detailed consideration. The role of the Ministry concerned would also need to be examined in this regard.

17. However, having regard to the advanced stage of preparations for the examination, we are not inclined to interfere with the scheduled examination at this juncture. The examination may, therefore, be conducted as per the notified schedule, subject to further orders of this Tribunal. All the issues raised by the applicant, including those concerning the competence of the authority conducting the examination and the applicability of the modified Recruitment Rules, shall be considered in detail after the respondents file their respective counter affidavits.

18. We are, however, conscious of the fact that, owing to the delay on the part of the respondents in notifying the modified Recruitment Rules, certain officers who were promoted from the grade of EA to SEA and are presently designated as JBEs may apprehend that they would be excluded from consideration in the examination for promotion to the post of AE.

19. In this regard, learned counsel for the applicant has submitted that, following the notification of the modified Recruitment Rules, officers who were earlier holding the posts of EA and SEA, which have since been merged and redesignated as JBE, may no longer be eligible to participate in the examination.

20. We are unable to accept this contention at this stage. As per the eligibility conditions stipulated in the circular dated 14.08.2026, an SEA who was holding the said post as on 01.01.2026 and had rendered not less than eight years of regular service, taken together in the grades of SEA and EA, would be eligible to participate in the LDCE provisionally, subject to the outcome of the OA. Further, candidates who, immediately prior to the implementation of the modified Recruitment Rules dated 02.09.2026, were holding the posts of SEA or EA and whose posts have since been merged and redesignated as JBE shall also be permitted to participate in the LDCE provisionally, subject to the outcome of the present OA. The respondents are directed to facilitate the participation of the applicants in the LDCE by accepting their applications in offline and/or online mode, as applicable. Accordingly, the examination shall be conducted as per the notified schedule, while th

21. Let all the respondents file their respective counter affidavits.

22. List the matter on 18.01.2027.

Process ‘Dasti’. Dr. Sumeet Jerath Member (A) Harvinder Kaur Oberoi Member (J) Lalit Gosain ( ps )