D.K.Seth, J. - (1.) The petitioners' name was included in the select list in serial Nos. 15, 16 and 8, contained in Annexure 1 to the writ petition. Subsequently by an order dated 5th April, 1994 contained in Annexure 3-A to the writ petition, the selection of the petitioners was cancelled. The said order referred to an order dated 16th March, 1994, which is Annexure C.A.-2 to the writ petition.
(2.) Mr. S.N. Srivastava, learned Counsel for the petitioners contends that the question of promotion is on the basis of merit alone provided the persons in different department are eligible. For which, according to him, a waiting list is to be prepared for filling up the different posts. He relies on certain Rules contained in Chapter VI of the Recruitment Rules for filling up the post either by promotion or by transfer. He also refers to Chapter VII in which preparation of waiting list is provided for. Therefore, the cancellation order cannot be sustained.
(3.) Mr. K.R. Singh, learned Standing Counsel on the other hand contends that it is on the basis of seniority-cum-merit and the merit-cum-seniority cannot at all be overlooked and the select list was prepared ignoring the names for which enquiry committee was formed, the enquiry committee found that persons at serial Nos. 15 to 19 were not eligible and as such, their names were removed. There was no illegality in the said order.;