Rajesh Singh Chauhan,J. - (1.) Heard Sri Mukund Tewari, learned counsel for the petitioner, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Anuj Pandey, Advocate, who has put in appearance on behalf of opposite party Nos.5 to 7 and filed his Vakalatnama on their behalf, the same is taken on record.
(2.) This Court has passed the order dated 11.03.2019 as under:- "Learned counsel for the petitioner had in the morning made a mention that the petition has been filed and there is urgency in view of the fact that after holding of the departmental promotion committee, the appointment letters of the selected persons would be issued within a short time thereby depriving the petitioner of his legal remedy. In view of the aforesaid statement, the present petition was permitted to be put up before the court on an urgent basis today itself. Heard Sri Mukund Tewari learned counsel for the petitioner and Sri Pradeep Kumar Singh learned Additional Chief Standing Counsel appearing on behalf of the opposite parties 1 to 4. The submission of the learned counsel for the petitioner is that despite the service regulations clearly prescribing merit as mode of eligibility for promotions to the post of Chief Engineer (Level-II) (Mechanical) Department of Irrigation and Water Resources but the said mode of eligibility has been given a go-by by the opposite parties and for the said purpose, the petitioner had already earlier filed a writ petition which was however consigned to records by means of the judgment and order dated 8th March, 2019 on the ground of the said writ petition being premature. The present petition has been filed by the petitioner with the specific averments that subsequent to the aforesaid judgment of this court, the departmental promotion committee has been held in which the name of the petitioner has been excluded despite having obtained the maximum number of marks. However no such document in support of the said averments is on record and as such the learned Additional Chief Standing Counsel is directed to seek instructions in the matter as to whether the criteria of merit as indicated in the service regulations and Government order dated 20th November, 2017 has been adhered to or not in the aforesaid departmental promotion committee held on 8th March, 2019 and as to whether the petitioner had obtained the maximum marks for the purposes of eligibility. List this case on 13th March, 2019 as a fresh case."
(3.) Thereafter, this Court has passed the order dated 13.03.2019 as under:- "By means of order dated 11th March, 2019 the learned Additional Chief Standing Counsel was directed to seek instructions in the matter as to whether the criteria of merit was adhered to or not and whether the petitioner had obtained maximum marks for the purposes of eligibility for consideration of promotion. The learned Standing Counsel submits that the entire instructions are not available with him today. However on the basis of instructions, he states that the selections for promotion have already been made and promotion orders have already been issued to the concerned persons. Sri Mukund Tewari learned counsel for the petitioner submits that the aforesaid promotions have been made despite the fact that the petitioner has obtained the highest marks and is still being discriminated with regard to promotion which has been denied. In view of the above, the learned Standing Counsel is directed to produce the record of the Departmental Promotion Committee held on 8th March, 2019 for the post of Chief Engineer (Level-II) (Mechanical) Department of Irrigation and Water Resources on 28th March, 2019. Put up on 28th March, 2019 as a fresh case. An application for amendment has also been filed today which is taken on record. Copy of the same has been served upon the opposite party. In view of the fact that the amendment sought in the petition is consequential in nature therefore the same is allowed. Learned counsel for the petitioner is directed to incorporate consequential amendments in the memorandum of writ petition within a period of two days. Supplementary affidavit filed on behalf of the petitioner is also taken on record.";