Tribunal power to amend statutory promotion criteria invalidated; promotions set aside and fresh exercise ordered.

An administrative tribunal exceeded its jurisdiction by quashing parts of statutory recruitment rules and prescribing substitute qualifications for promotion, rendering promotions made under that exercise unsustainable; the Tribunal lacked power to re frame or reenact statutory qualification criteria (outcome: promotions invalid). Persons affected though not parties may seek reconsideration under the tribunal's remedial jurisdiction; assistants had locus standi and the HC was correct to declare the tribunal's order unsustainable and should have set aside all promotions effected thereunder, directing a fresh promotional exercise under valid rules while protecting salaries already paid (outcome: annulment and fresh exercise ordered).

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Issues: (i) Whether the Administrative Tribunal exceeded its jurisdiction by prescribing new qualifications for promotion and thereby rendering promotions of stenographers illegal; (ii) Whether persons not impleaded in earlier tribunal proceedings (assistants) had locus standi to seek reconsideration of that tribunal order and whether the High Court should set aside promotions granted pursuant to the tribunal's order.

Issue (i): Whether the Administrative Tribunal acted beyond its jurisdiction by striking down rules and substituting its own qualifications for promotion, leading to promotions that were unlawful.

Analysis: The Administrative Tribunal quashed parts of the recruitment rules and, instead of limited relief, prescribed alternate qualifications for promotion and implemented them administratively. The tribunal thereby altered statutory prescription of qualifications rather than confining itself to declaring invalid provisions. Prior authorities recognise limits on a tribunal's power to re-frame statutory rules or reenact provisions it deems reasonable.

Conclusion: The Administrative Tribunal acted beyond its jurisdiction in prescribing new qualifications for promotion and the promotions effected pursuant to that exercise are unsustainable.

Issue (ii): Whether assistants, who were not parties to the earlier tribunal proceedings, could approach the tribunal under its statutory remedial provision for reconsideration and whether the High Court, upon finding the tribunal's order unsustainable, should have set aside all promotions including those of graduate stenographers.

Analysis: Persons affected by a tribunal order though not parties may seek relief by approaching the tribunal for reconsideration when their careers are impacted; the tribunal may entertain such applications. Having found the original tribunal order unlawful, the High Court's partial preservation of certain promotions (graduate stenographers) conflicted with the logical consequence of its holding that the order and amendments were invalid. Interests of justice require a fresh promotional exercise considering both feeder streams rather than preserving promotions given under an unauthorized alteration of rules.

Conclusion: Assistants had locus standi to seek reconsideration before the tribunal; the High Court was justified in declaring the tribunal's order unsustainable and ought to have set aside all promotions made pursuant to that order; a fresh exercise of promotions in accordance with the valid rules is directed, with no recovery of salaries paid to promoted stenographers for the period they served in those posts.

Final Conclusion: The appeals by stenographers are dismissed; the appeals by assistants are allowed to the extent of directing annulment of promotions effected pursuant to the tribunal's unauthorized alteration of qualifications and ordering a fresh promotional exercise under the valid rules, while protecting payment already made to promoted employees.

Ratio Decidendi: An administrative tribunal lacks power to substitute or reenact statutory qualifications for promotion; affected non-parties may seek reconsideration before the tribunal, and when a tribunal's order is held invalid the consequent promotions effected under that order must be set aside and a fresh exercise conducted under the valid statutory rules.

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