C.R. Thakur, J. - (1.) This letters patent appeal has been filed by the State of Himachal Pradesh against the decision of a single Judge of the Delhi High Court, Himachal Bench, Simla accepting the writ petition of Shri Suoarshan Singh for quashing the promotions of the present Respondents 2 to 6 to the posts of Circle Head Draftsmen in the pay scale of Rs. 250 -15 -355 made by the present Appellant allegedly disregarding the claim of Respondent No. 1 (Petitioner in the writ petition) for promotion to the post, although he was senior to all these persons.
(2.) It is admitted by the Appellants that the Petitioner is undoubtedly senior, but the post of a Circle Head Draftsman is a selection post and the Respondent No. 1 cannot claim the post as a matter of right merely on the basis of seniority. According to the Appellant the Respondent No. 1 was considered but was not found fit and, therefore, was not promoted. As for Respondent No. 2, the Appellant admitted that he is an unqualified person and the Government is taking suitable action against him. As for Respondents 3 to 6, it was submitted that they were diploma holders from recognised Universities and were found fit for promotion.
(3.) From the above, therefore, only two points emerge for determination:;