Abdul Moin, J. - (1.) Heard Sri Manish Kumar, learned counsel for the petitioner and Sri Q.H. Rizvi, learned Standing Counsel for the State-respondents.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned requisition dated May, 2016 forwarded by the opposite party No.3, contained in Annexure Nos.2 to this writ petition as well as summon the original from the opposite parties and quashed the same. (ii) issue a writ, order or direction of suitable nature declaring Rule 5 of the U.P. Transport Service (5th Amendment) Rules, 2016 notified on 11/04/2016 (contained as Annexure No.1 to this Writ Petition) ultravires to the Articles 14 and 16 of the Constitution of India to the extent of fixation of quota. (iii) issue a writ, order or direction in the nature of mandamus directing the opposite parties to consider the promotion on the post of Assistant Regional Transport Officer (Ordinary Scale) without implementing the impugned amended Rule 5 of the U.P. Transport Service (5th Amendment) Rules, 2016 by giving benefit of U.P. Government Servant Relaxation in Qualifying Service for Promotion Rules, 2006 as given to officers belonging to post of Regional Inspector. (iv) issue any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case. (v) to allow the writ petition of the petitioner with cost."
(3.) From a perusal of the aforesaid reliefs, as prayed for by the petitioner, it clearly comes out that the vires of Rule 5 of the U.P. Transport Service (5th Amendment) Rules, 2016 (hereinafter referred to as the 2016 Amendment), have been challenged to the extent of fixation of quota and it is contended that by the said fixation of quota, the constitutional rights of the petitioner provided under Article 16 of the Constitution of India are being violated. Further the petitioner has also challenged the requisition dated May, 2016 and has prayed for consideration of his promotion on the post of Assistant Regional Transport Officer (Ordinary Scale) without implementing the impugned amendment and by giving benefit of U.P. Government Servant Relaxation in Qualifying Service for Promotion Rules, 2006 as given to the officers belonging to the post of Regional Inspector.;