(1.) Petitioner has filed this petition under Section 103 of the Constitution of Jammu and Kashmir seeking enforcement of fundamental as well as legal rights praying for the issuance of a writ in the nature of Certiorari quashing Order No: 188/AHJ of 2003 dated: 25.04.2003 promoting respondent No. 3 to the post of Assistant Bacteriologist and issuance of a writ in the nature of Mandamus directing and commanding Respondent No. 1 and 2 to consider the case of the petitioner for promotion to the post of Assistant Bacteriologist w.e.f. 25.04.2003 when respondent No. 3 came to be promoted with all consequential benefits of pay and seniority.
(2.) The case of the petitioner is that:-
(3.) Objections have been filed by the official Respondents No. 1 and 2, wherein it is stated that after going through the record, it was found that the respondent No. 3 has wrongly been promoted by giving him a double jump of promotion to the post of Assistant Bacteriologist. The order of promotion of respondent No. 3 has already been rescinded immediately vide Order No. 126/AHJ of 2004 dated: 27.04.2004. Relevant paras of Order No. 126/AHJ of 2004 dated: 27.04.2004 are:-