N. Sengupta, J. - (1.) The applicant has prayed for a direction to the respondents to promote him as O.S. Grade II with retrospective effect.
(2.) The undisputed facts are that the applicant joined as a L.D.C. on 13.5.1957, later became a Head Clerk on 1.1.1984. He is a person belonging to the scheduled caste community. It is also -not in dispute that the post of O.S. Gr. II is a selection post for which a written test is to be held and in fact such tests were held on 17.11.1985, 18.1.1988 and 27.1.1989. In none of the tests that he appeared at was he selected. The applicant's allegations she that the respondents with mala fide motive did not promote him to the grade of D.S. Gr. II, from Head Clerk. He has further taken the plea that in the DPC no person of the scheduled caste or scheduled tribe was taken as a Member and as such, the selection process was vitiated.
(3.) The respondents in their counter have traversed all material allegations is the application and their case is that no doubt the applicant appeared at the tests held in November, 1985, January, 1988 and January, 1989, but in none of the tests could he qualify himself in accordance with the extent rules.;