INDER SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) R. A. Sharma, J. Petitioner is holding the post of Chief Veterinary Officer, which is a Class II post and the next post to which he could look for ward is Class I post, which includes the post of Deputy Director. The strength of Class I service, according to the petitioner, is 61, whereas according to some of the respondents, it is 62. The quota reserved for Scheduled Castes for promotion is 18% and for Scheduled Tribes, it is 2%. It is admitted case of both the parties that 12 Scheduled Castes candidates have already been promo ted to Class I posts from the quota reserved for them. In this manner the Scheduled Caste candidates are already having 18% posts of Class I. In this cadre 22 posts are vacant on account of which respondents have constituted a Departmental Promotion Committee (hereinafter referred to as the D. P. C.) for selecting the candidates for promotion. The D. P. C. has ear-marked 4 out of 22 vacancies for Scheduled Castes candidates and the remaining 18 vacancies are to be filled by the candidates of general category. It also appears that the D. P. C. has already made selection of 4 Scheduled Castes candidates, who have been arrayed as respondents to this writ petition. Petitioner has filed this writ petition for writ of madamus directing the respondents not to implement the recommendation of the D. P. C. held on 17- 5*1994, so far as it relates to the selection of 4 Scheduled Caste candidates for promotion to 4 Class I posts. Prayer for quashing the Government Order dated 30-11-1991, which provided for roster system, has also been made. This Court has granted interim order in this petition.

(2.) RESPONDENTS have filed counter-affidavits and the petitioner has filed rejoinder affidavit in reply thereto. We have heard learned counsel for the parties.

(3.) THE Government of U. P. vide Government Orders dated 20-8-1974, 27-12-1974 and 5-7-1984 has provided for reservation in promotion where promotion is to be made on the basis of seniority subject to rejection of unfit. Rule 7 provides for promotion to Class I posts of Deputy Director or the posts equivalent to it on the basis of seniority subject to rejection of unfit. THE Government Orders providing for reservation in promotion made on the basis of seniority subject to rejection of unfit, are thus fully applicable to the instant case. THEse orders will continue for a period of five years to be counted from 16-11-1992. THE first contention of the learned counsel has, therefore, to be rejected.