CW 5529/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5529/2007 Preetam Lal Versus State & Anr Date of Order ::: 14/07/2010 Hon'ble Mr. Justice Ajay Rastogi Ms Naina Saraf, for petitioner Mr BK Sharma, for respondent2, UIT Instant petition has been filed with the grievance that despite petitioner being member of reserved community and eligible for promotion to the post LDC, the department has failed to consider his candidature for promotion, which is in violation of Art.14 of the Constitution. It is not in dispute that respondent- UIT has adopted Rajasthan Subordinate Ministerial Staff Service Rules, 1999 and according to its Schedule-I, 15% of vacancies in cadre of LDC are to be filled up from among employees who are members of Class IV cadre. Petitioner indisputably is eligible against 15% quota reserved for members of Class IV, for promotion to the post of LDC. Alongwith the reply, seniority list (Ann.R/1) has been placed on record, in which name of petitioner finds place at S.No.11 and is a member of Scheduled Caste. It has been averred in para 5 & 7 respectively that as per seniority list, petitioner would be considered CW 5529/07 //2// for promotion in accordance with service Rules and if found suitable, will certainly be considered for promotion as prayed for. Counsel for petitioner submits that promotions were lastly made from among Class IV cadre in the year 1997 and the exercise of promotion has not been made thereafter. Promotions can be made against quota reserved for member of Class IV, obviously whenever vacancy is available. It is always expected from the authority that if vacancies are available for members of Class IV cadre against 15% reserved quota, it is to be considered from among eligible members falling within zone of consideration, obviously in accordance with service Rules, 1999, which indisputably has been adopted by respondent- UIT. In these circumstances, this Court considers it appropriate to observe that the respondents may determine the vacancies if available for promotion to the post of LDC against 15% quota reserved for members of Class IV cadre and such exercise may be undertaken for making promotions within three months from the date of receipt of certified copy of this order. If there is no vacancy available, it may be communicated to the incumbents. With observations (supra), writ petition stands disposed of. (Ajay Rastogi), J. K.Khatri/p2/ 5529CW2007July14Ds.doc