COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 3369/2001 Sri Ramesh Chandra Pathak …….Petitioner Versus Principal Chief Conservator of Forests, U.P. & Others …….Respondents Sri Alok Mehra, Advocate holding brief of Sri Manoj Tiwari, learned Counsel for the petitioner. Smt. Veena Pandey, learned Standing Counsel for the State of U.P. Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand. 2nd April, 2008 Hon’ble P.C. Verma, J. The petitioner has filed this writ petition with a prayer seeking writ of mandamus to command the respondents to promote the petitioner as Forest Range Officer with effect from 26.6.1997, from when juniors to him were promoted to the said post. 2. In the memo of petition it has been stated that petitioner was not considered for promotion which appears prima facie falls. The selection was made by the Public Service Commission on the basis of service record. There exists adverse material on the record against the petitioner as is evident from the letter written to the Chief Conservator of Forest by the Conservator of Forest, Western Zone (Annexure No. 4). It appears that on account of adverse material against the petitioner, he was found unsuitable and therefore, the version of the petitioner that the case of the petitioner was not considered is not correct. Petitioner has nowhere stated in the writ petition that there does not exist adverse material on the record against him and that he is suitable for the promotion to the post of Forest Range Officer. In view of this lack of assertion, the petition lacks merit and is liable to be dismissed. 3. Accordingly, the writ petition is dismissed. No order as to costs. (P.C. Verma, J.) Prabodh