JUDGMENT M. Katju, J.
1. Heard learned Counsel For the parties. The petitioner is a Major in the Indian Army.
2. The petitioner is challenging the impugned order dated 10.6.99, Annexure- 20 to the writ petition and also the communication to the petitioner that he has not been approved for promotion to the rank of Acting Lt. Col. vide letter dated 7.9.99, Annexure 18 to the writ petition. The petitioner has prayed that he should be promoted as Acting Lt. Col.
3. We have carefully perused the petition and the counter-affidavit and we have also perused the Service Dossier of the petitioner and Selection Board proceedings, which were produced before us. The petitioner appears to have a misapprehension that he has been passed over for promotion because there is adverse material against him on his dossier. We have perused the dossier and we find nothing against him. However, it often happens in the Army that even good officers cannot be promoted because there is no vacancy on the higher post. The Army Organisation and hierarchy is like a pyramid, and the higher one goes the narrower becomes the pyramid. Hence merely because one has been passed over it does not mean that one is not a good Officer but, it means that in evaluation by Selection Board other officers have been found to be better.
4. Under the selection system dated 6.5.87, copy of which has been produced before us, it is mentioned in Rule 6 that there is a Selection Board for selecting Majors to be promoted to the rank of Acting Lt. Col. We are informed that this Selection Board consists of five members, the Chairman being Lt. General, who is a Cor. commander, and the other four members are two Major Generals and two Brigadiers. Thus, the Selection Board, consists of very Senior Officers and in our opinion due deference should be given to their judgment.
5. This Court cannot sit as a Court of appeal over the decision of the Selection Board. It can only interfere in rare cases, where it is clearly evident that there is flagrant violation of the Rules or there is extreme arbitrariness. This is not a case of that nature.
6. Thus, while it is evident that the petitioner, is a good Officer and there is no adverse material against him, the Selection Board has found other Officers having a better record and hence those Officers have been promoted, while petitioner could not make the grade on his overall profile as stated in the impugned order dated 10.6.99 Annexure-20 to the writ petition. This Court is normally reluctant to interfere in Army matters, as that would be bad for the morale of the Army. This does not. of course, mean that the Court can never interfere in Army matters, but it shall do so only when there is clear flagrant violation of the Rules, or there is some extreme arbitrariness, which is not found in this case.
7. The petition is, therefore, dismissed.