1 D.B.Civil Special Appeal(Writ) No.595/2008 State of Raj. & ors. V/s Ram Ratan Ragar 30.7.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.Ankur Rastogi, Dy. Government Counsel for the appellants. Heard learned counsel for the appellant both in limitation application and also in appeal. Delay in filing this appeal is condoned. This appeal is directed against the order dated 8th August, 2006 passed by the learned Single Judge of this Court in writ petition no.4933/98 whereby and whereunder the writ application was allowed and direction was issued to the respondents to send the writ petitioner for training granting him leave and thereafter, on attaining the training he would be considered for promotion for the post of Live Stock Assistant in case he is otherwise found eligible subject to availability of post. It appears from the order impugned that the writ petitioner was appointed as Class IV employee on 2.3.1985 and was confirmed on the post of Waterman with effect from 13.6.1994. He thereafter applied for training in the year 1990, but he was not allowed to go for training. He again applied for sending him for training on 21.4.1994 and the same was also rejected. The third time also an application was filed by the writ petitioner in the light of advertisement published in the newspaper Rajasthan Patrika regarding one year training for Live Stock Assistant, but again no heed was paid to 2 his request. Ultimately, the writ application was filed seeking writ of mandamus which was disposed of giving rise to the order impugned. Learned counsel for the appellants submits that a class IV employee, who had completed five years of service and passed VIIIth class, would be entitled for training for the purpose to consider him for promotion to the post of Live Stock Assistant, whereas the writ petitioner was not having requisite qualification and therefore, he was not sent for training nor his case was considered for promotion. In para 2 of the writ application, it is stated that the writ petitioner passed secondary school examination in the year 1977 and higher secondary school examination in the year 1980 from the Board of Secondary Education, Rajasthan Ajmer. The details of the certificates etc. were appended to the writ application. The statement made in para no.2 of the writ application however has not been rebutted in the reply filed on behalf of the State and rather it is stated that the contents of para 2 of the writ application are admitted on the basis of certificates appended thereto. Learned counsel for the appellants when confronted with this statement made in the reply prayed for filing additional affidavit showing that the writ petitioner had no requisite qualification. The statement made in the writ application since was admitted by the competent authority by filing reply in affidavit, in our view, there would be no need to give indulgence to the State counsel to bring further evidence. 3 The learned Single Judge of this Court, on the basis of pleadings of the parties, therefore, issued directions for sending the writ petitioner for training and thereafter, to consider him for promotion to the post of Live Stock Assistant. The direction of the learned Single Judge also appears to be conditional that in case the writ petitioner would be found otherwise eligible he would be considered for promotion. The writ petitioner since was having requisite qualification he was entitled to be sent for training and the order passed by the learned Single Judge in the background of the case, therefore, warrants no interference. In the given facts and circumstances of the case, therefore, we find no merit in this appeal. It is dismissed with cost of Rs.5000/- payable to the writ petitioner. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar