The writ petition has been dismissed by the learned Single Judge holding that Smt. Neelam Kanta and others filed C.W.P. No. 1496 of 2009 asserting that the total sanctioned strength of the posts of Assistant Secretary were 20 and as per the reservation policy, 4 posts could have been filled up by the members belonging to the reserved category of Scheduled Castes. They asserted that four persons, namely, Gian Singh, Hawa Singh Bhoria, Darshan Rani and Krishna Gahlawat, who were senior to the appellant Sohan Lal in the category of Scheduled Castes, stood already promoted. There were no other posts belonging to reserve category of Scheduled Caste and, therefore, the orders of promotion of the appellant and another were found beyond their quota. The respondent State afforded to the petitioner an opportunity of hearing before passing the order. The learned Single Judge has referred to the reply filed by the respondent State where specific averments have been made that while passing the order dated 3.12.2009, the petitioner-appellant was personally heard by the Transport Commissioner in the presence of the Additional Commissioner and the Assistant District Attorney. The learned Single Judge has further found that the petitioner-appellant did not disclose the factum of the writ petition having been filed by Smt. Neelam Kanta and others (CWP No. 14596 of 2009). The writ petition was disposed of as having been rendered infructuous vide order dated 11.12.2009.
