The High Court dismissed a writ petition seeking quashing of an SC candidate's promotion. The bench upheld the promotion order based on roster rules granting SC candidates consideration even if junior.
The writ petition was dismissed as it was found to be devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3121/1996
…….Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. Hari Bareth
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
(2 of 3)
[CW-3121/1996]
Order
05/12/2019
No one appears on behalf of the petitioners. Matter has been taken up in hearing category as the same is pending before this Court since 1996.
The petitioners, by way of this writ petition, have prayed for quashing of promotion to the respondent No.2 on the post of LDC from Class-IV Employee. The basis for filing this writ petition is that the petitioners are senior to the respondent No.2 and therefore, he could not be promoted over and above them. The petitioners submitted that there were three posts available for promotion for Class-IV Employee and the petitioners therefore were required to be promoted over and above the respondent No.2.
Reply has been filed on behalf of the respondent No.1 wherein it has been stated that promotion has been given to the respondent No.2 as per the roster and circular dated 28.5.1985, which was existing at that relevant time granting 40% roster. The reply has also been filed on behalf of the respondent No.2 and it has been pointed out therein that as per roster, 7th post would fall for the SC candidate. The respondent No.2 being the candidate from SC Category, the zone of consideration was required to be extended to the respondent No.2 for promotion as per roster modal.
I have considered the submissions made in the replies and the writ petition and find that as per the then existing rules governing promotion to the post of LDC, 15% posts were to be filled by way of promotion from Class-IV Employee under the Rajasthan Ministerial Staff Service Rules, 1957. Since 3 posts were
(3 of 3)
[CW-3121/1996]
available for promotion out of 18 posts sanctioned between 1.4.1991 to 1.4.1994, the roster would continue. Accordingly, Serial Nos.5, 6 and 7 of the roster model would apply. At Serial Nos.5 and 6, general candidates would be promoted while at Serial No.7, SC candidate would have right of consideration. Since the respondent No.2 is from SC Category, therefore, he would be considered though he may be junior in the seniority list.
In view thereof, the promotions orders passed by the respondent No.1 do not warrant any interference. The writ petition is found to be devoid of merit and the same is accordingly dismissed.
No costs.
(SANJEEV PRAKASH SHARMA),J
SUNIL SOLANKI /19
2 issues framed by the court
Whether promotion of an SC candidate who is junior in seniority list can be quashed when roster rules provide for consideration reservations for SC candidates?
Whether the promotion order passed by the respondent corporation is sustainable in law?
Aslam son of Shamsujjma
Bapur Lal Meena
Kailash Singh Chouhan
Hari Krishna Sharma
Jagdish Mali
Rajasthan SC/ST Financial & Development Cooperative Corporation Ltd.
Sanjeev Prakash Sharma
As recorded by the court registry
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