KULWANT SINGH Vs. STATE

JUDGEMENT

(1.) THE circumstances under which this petition has come to be filed, be noticed. The petitioner and respondent No.4 were working as Sub Inspector in the Excise and Sales Tax Department of the respondent -State. Their next promotion is to the post of Inspector. In order to become eligible for the said post, a candidate has to pass some departmental examination.

(2.) THE further fact is that respondent No.4 was promoted. The name of the petitioner was not considered. This was on the ground that the requisite departmental examination was not cleared by the petitioner.

(3.) IT is the case of the respondents that the petitioner cleared the examination in August, 1990. whereas respondent No 4. qualified and cleared the examination in September, 1988. The further stand taken is that the Departmental Promotion Committee met in . the month of May, 1990. As the petitioner was not qualified at that point of time, he was not promoted and respondent No.4 came to be promoted.