IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 243 of 2010 Dr. Devendra Pratap Durgapal …..Petitioner. Versus State of Uttarakhand and others …..Respondents. Present : Mr. Subhash Uppadhyay, Advocate for the petitioner. Mr. K. P. Upadhaya, Additional Chief Standing Counsel for the State of Uttarakhand. Coram: Hon’ble Barin Ghosh, CJ Hon’ble Sudhanshu Dhulia, J. Barin Ghosh, C.J. (Oral) In a writ petition registered as Writ Petition No. 115 (S/B) of 2010 dealt by us, it has been decided that in the matter of consideration for promotion from the post of Senior Medical Officer to the post/grade of Joint Director, a confidential report reporting satisfactory performance and earning no marks or “zero”, if not communicated, cannot be taken into account. In the instant case, the petitioner is contending that in three years he was given satisfactory remarks in his Annual Confidential Report, and accordingly, he earned no mark or “zero” as his performance during those years but those Confidential reports were not communicated to him. In those circumstances, we request the Departmental Promotion Committee to also reconsider the case of the petitioner in the light of the law laid down by us in our judgment rendered in Writ Petition No. 115 (S/B) of 2010 also within three months from the date of service of a certified copy of this order upon respondent no.1. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 26.10.2010 Kuldeep