HIMMAT SINGH AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ petition was filed by the petitioners way back in the year 1997 challenging relaxation in the criteria of promotion in favour of the candidates of Scheduled Castes and Scheduled Tribes.

(3.) IT is contended that the respondents in the selection of the year 1996 -97 as against 71 posts, promoted 44 persons on the criteria of seniority cum merit and only 24 persons have been promoted on the criteria of merit -cum -seniority and sealed cover procedure was adopted in case of 3 persons, but even if 68 posts are taken into consideration, still the criteria has been flouted and relevant provisions were violated. Learned Counsel submitted that the reliance placed by the respondents on proviso to Sub -rule (4) of Rule 28A of the Rules is wholly misconceived in view of the subsequent Circular of the government dated 15.9.2001. Learned Counsel also cited the judgement of Supreme Court in Sher Singh and Ors. v. Surinder Kumar and Ors. : (1998) 9 SCC 652.