candidate in the feeder category of Audit Assistant was considered. Therefore, this Court is of the considered view that as the petitioner is an Audit Assistant and is a member belonging to Schedule Caste community, the official respondents ought to have considered his case also for promotion to the post of Section Officer for the vacancy, which has arisen on 21. 1 1.2008, as admittedly, the said post was earmarked for Scheduled Caste candidate. Therefore, the official respondents were not justified in not considering the case of the petitioner for promotion to the post of Section Officer against the vacancy earmarked for Scheduled Caste candidate. Further, the Tribunal was also not justified in dismissing the subject O.A. The Tribunal ought to have directed the official respondents to consider the case of petitioner, as admittedly, right to be considered is a fundamental right. Therefore, ends of justice would be met, if the official respondents are directed to consider the case of the petitioner for promotion to the post of Section Officer for the vacancy, which has arisen on 21.11.2008, by conducting a review DPC and pass appropriate orders, in accordance with law. Therefore, the impugned order, dated 04.08.2015, is liable to be set aside.
