(1.) THE petitioner, who is working as a Scientist with the respondent No.1, has filed this writ petition under Article 226 of the Constitution of India, challenging the action of the respondent No.1 in denying him the promotion from the post of Scientist E to Scientist F.
(2.) THE admitted case of the parties is that promotion takes place on the basis of criteria for considering promotions under a scheme titled as "Criteria for considering promotions under flexible complementing scheme". This scheme reads as under:
(3.) THE contention of the learned senior counsel for the petitioner is that the interpretation of clause (c) of the flexible complementing scheme as given by the respondent No.1 is flawed because once the petitioner got 70% marks and which was good enough for promotion of a Scientist who had completed an eight years residency period then there was no reason to deny promotion to the petitioner who in the meanwhile before appearing before the Interview Board had completed eight years residency period though he was called for the interview on the seven year residency period basis.