ARJUN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus directing the respondents No. 1 to 3 to hold meeting of Departmental Promotion Committee (for short DPC) to fill one vacancy of Addl. Secretary created vide Government Order dated 09.11.2004. A further mandamus has been sought directing that only the candidate who had permanent status on the post of Joint Secretary as on 01.07.2004, be considered by the DPC. BY way of amendment, writ in the nature of certiorari has also been sought quashing the order dated 28.04.2005, passed by Principal Secretary, Government of Uttarakhand, whereby it is clarified that if a candidate belonging to Scheduled Caste / Scheduled Tribe is due for promotion on the post on his merit, he shall not be denied promotion on the ground that post available was not reserved for such category. However, it is also clarified in said order that if in case of non-selection promotional matters, the clarification shall not apply.

(2.) HEARD learned counsel for the parties and perused the affidavits, counter affidavits and rejoinder affidavits filed on their behalf.

(3.) IN the counter affidavit filed on behalf of respondents No. 4 and 5 it is pleaded that in view of Rule 5(2) of the Rules of 1983, the petitioner cannot seek mandamus to consider his case leaving admittedly senior officers to him. It is denied that the answering respondents are not permanent Joint Secretaries.