1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5204/94 Kajodi Lal Meena vs. State & Ors. Date of order : 24/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tanveer Ahmed for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed in the year 1994 with the prayer that the respondents be directed to consider the case of the petitioner for promotion on the post of Office Assistant against unfilled vacancies of the year 1993-94. The factual premise on which this petition was filed by the petitioner was that according to petitioner 9 candidates belonging to Scheduled Tribes who were recommended for promotion did not join and they have foregone the promotion. As per Rule 26DDD(iii) of the Rajasthan Ministerial and Subordinate Service Rules, 1956, the post would have been offered in the Scheduled Tribe category. The respondents have in reply to the writ petition clarified that it was actually only two candidates of Scheduled Tribe who 2 did not join after promotion and they have denied the fact that they have forgone the promotion. One of the two candidates requested for extension of time of joining till 20.1.1994 but by the time it could be considered, period of select list expired and then it was decided to club these two vacancies in the quota of the year 1994-95. No person junior to the petitioner was promoted. In view of the clarification made by the respondents, I do not find any case for issuance of the kind of writ of mandamus prayed for. The writ petition is therefore dismissed. (MOHAMMAD RAFIQ), J. RS/