HARIRAM Vs. HARISH CHANDRA BHAGAT

JUDGEMENT

(1.) We find no merit in this review petition.

(2.) The petitioners in this review petition are the reserved candidates. They are appellants in C. A. No. 2868/98. The case arose out of judgment of the Rajasthan High Court in W. P. 4918/97 filed by the general candidates. The writ petition was partly allowed by the High Court directing modification of the seniority list giving effect to Ajit Singh No. 1 (JT 1996 (2) SC 727 = 1996 (2) SCC 715). The High Court, however, rejected the contention of the general candidates that placement of Additional Superintendents of police (Senior Scale) as Additional Superintendents (Selection Scale) did not amount to a 'promotion'. The High Court followed State of Rajasthan v. Patch Chand Soni (JT 1995 (9) SC 523 = 1996 (1) SCC 562) and held that it was a 'promotion' and reserved candidates could bepromoted at roster points.

(3.) This court did not disturb the principle laid down in State of Rajasthan v. Fateh Chand Soni to the effect that placement of Additional Superintendents of Police (Senior Scale) as Additional Superintendents (Selection Scale) amounted to "promotion" so as to give the reserved candidates the benefit of reservation by way of roster points. So far as counting of seniority is concerned, this Court, however, agreed with the High Court and accepted Ajit Singh No. 1.