DAO CHAND RAM Vs. COMMISSIONER VARANASI DIVISION VARANASI

JUDGEMENT

(1.) S. P. Srivastava, J. The petitioner who claims to be entitled to the bene fits available to a person belonging to the category of Scheduled Castes, feels aggrieved by an order passed by the District Magistrate, whereunder rejecting the recommendation of the selection committee for the accelerated promotion of the petitioner on the post of 'registrar Kanoongo" granting him the bene fits of reservations, the select list was modified excluding his name. The petitioner has now approached this Court seeking redress praying for quashing of the said order.

(2.) I have heard Sri R. N. Singh, learned counsel for the petitioner and the learned Standing Counsel and carefully perused the record.

(3.) LEARNED Counsel for the petitioner has urged that the petitioner who belonged to the category of Scheduled Caste was entitled to the benefits of reservation even in the matter relating to promotion and the mere fact that he had already availed of such benefits at the time of direct recruitment was of no consequence. It is urged that the petitioner could not be denied the right to get appointment on the promotional post specially when his case had been considered and approved by the selection committee extending the bene fits of reservation to him.