Brijesh Kumar, J. - (1.) The petitioner in this writ petition, Dr. Munni Devi, is a member of the U.P. Government Pradeshik Medical Services. Her main grievance is that she is not receiving due consideration in the matter of her promotion to which she is entitled under the relevant rules, hence has prayed tor a direction to be issued by means of a writ of mandamus direct the opposite parties to consider her case for promotion according to her seniority, giving due benefit of reserved quota for scheduled caste in the matter of promotion.
(2.) On perusal of the affidavits on record, filed by the petitioner and the opposite parties, it appears that were certain adverse entries for certain years in the character-roll of the petitioner. The petitioner, it appears, because of the adverse entries, was not confirmed nor promoted when, according to her, juniors to her were confirmed and promoted in the year 1981. She made representation and thereupon came to know about the adverse entries, when according to her, were not communicated. She made representations against the adverse entries. In the writ petition, it has been stated that the representations were not being decided by the opposite parties, hence a prayer has also been made in this writ petition for direction to the opposite parties to dispose of her representations. However, in the counter-affidavit, the opposite parties have given out that the representations have been disposed of. In any case, it may be mentioned here that this Court has been informed that the petitioner had also preferred a claim petition before the Public Services Tribunal against the adverse entries which has been allowed in the meantime. We are also informed that her claim for consideration of her promotion has also been upheld by the Tribunal, in view of the above position, the writ petition would have been rendered in fructuous but presently the grievance of the petitioner is slightly different. The only grievance of the petitioner with which we are concerned is to be found in para 15 of the writ petition, which reads as under : "15. That one aspect has to be pointed out. The petitioner belongs to a Scheduled Caste community but she has married Sri Prem Deo Sharma a caste Hindu and the department is not inclined to grant benefit of the reservation of the quota in the matter of promotion reserved for scheduled castes to the petitioner, and in this manner the petitioner is being illegally excluded from the benefit of reservation which is also a right within the meaning of Article 16(4) of the Constitution of India."
(3.) Reply to para 15 quoted above has been given in para 17 of the counter-affidavit which says that the contents of para 15 of the writ petition are not legally sustainable.;