The selections of 46 officers was properly made by the Departmental Promotion Committee on the basis of merit-cum-seniority and were recommended for promotion as they all have passed the departmental examinations which the appellant has failed to pass but were promoted to the present Grade under the concessionaire rule 8(1) of BCS (Examination for Promotion) Rules, 1986 and the appellants being the beneficiaries of the said rules as they derived the benefit for themselves to which they are not otherwise entitled to under rule 5 including rule 5(3A) of the Bangladesh Civil Service (Recruitment) Rules, 1981 and the appellants as well were not at all affected by rule 8(e) and, as such, the impugned rules are not violative of the fundamental rights guaranteed under Articles 26, 27, 29(1) and 31 of the Constitution.
Delowar Hossain Mollah and others vs Secretary, Ministry of Establishment and ors 9 BLC (AD) 67.