LAWS(DLH)-2015-10-384

HARSH KUMAR Vs. DAYAL SINGH COLLEGE AND ORS.

Decided On October 28, 2015
HARSH KUMAR Appellant
V/S
Dayal Singh College And Ors. Respondents

JUDGEMENT

(1.) The challenge in the writ petition is to the remark of "next two posts should be filled strictly as per roaster backlog requirements, SC=1, ST= 1" made on the roaster register of the post of Lab Assistant in the respondent No. 1 college and attempt of the college to fill up the post of Lab Assistant by promotion of a junior person on the ground, he is a SC category candidate, even though, the quota of the said category already stands achieved.

(2.) The issue falls in a very narrow compass.

(3.) The petitioner is a General Category candidate, who was appointed as a Laboratory Attendant in the year 2002. The next promotion post is that of Laboratory Assistant which is filled by 100% by way of promotion. There are total eight posts in the college, out of which one has to be filled by an SC category candidate and one by ST category candidate. The petitioner having attained the eligibility, has filed this petition primarily on the ground that the next available vacancy, which arisen on the retirement of Mr. Hans Raj on 31st March, 2012 need to be filled up by an unreserved category candidate i.e. by him being a senior most and not by an SC category candidate Mr. Mahender Singh, who is junior to him in seniority.