1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7460/06 Sandeep Mathur vs. State of Rajasthan & Ors. Date of order : 22/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pradeep Mathur for the petitioner. Shri B.L. Avasthi, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner Sandeep Mathur being aggrieved by the order dated 5.9.06 by which all of his juniors have been promoted. Shri Pradeep Mathur, learned counsel for the petitioner has argued that the respondents though issued the provisional seniority list in 2003, but a copy thereof was never circulated in the different schools wherever the petitioner remained posted inasmuch as he was never appraised of the fact that the name of the petitioner has not been included in the seniority list. The respondents in reply to the writ petition have contended that the petitioner should have made representation if his name was not included in the seniority list. 2 Since his name was not included in the seniority list, his case could not be considered for promotion. Moreover, in the record of the respondents, the qualification of the petitioner was mentioned as B.A. and B.Ed. and he did not make representation to get the same changed to B.Sc. & B.Ed. The respondents, however, have further submitted that the name of the petitioner has since been included in the final seniority list and as and when the next DPC takes place, his case shall be considered for promotion. Shri B.L. Avasthi, learned Additional Government Counsel has produced for perusal of the Court revised seniority list which indicates that the name of the petitioner has been interpolated at S.No.88B-II with his correct qualification namely; B.Sc., M.A. and B.Ed. With the clarification made by Shri B.L. Avasthi, learned Additional Government Counsel, there is no reason why the case of the petitioner should have been excluded for consideration of promotion, particularly when the correction was made on 30.8.2006 and the promotions were made on 5.9.2006. 3 In the result, this writ petition is allowed. The respondents are directed to consider the case of the petitioner for promotion by convening review DPC and if his case is recommended for promotion, grant him promotion with all consequential benefits from the date his junior Suresh Kumar was granted such promotion, who was shown at S.No.5 in the order dated 5.9.06. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/