MC 1406/2011 BEFORE THE HON’BLE MR JUSTICE T VAIPHEI Heard Mrs A Devi, the learned counsel for the applicant and Mr BJ Ghosh, the lea rned State counsel representing the respondents No.1,2,4,5 & 6. Also heard Mr C Baruah, the learned counsel for the respondent No.3 and Mr S Sarma, the learned counsel for the respondent No.7 and Mr MK Choudhury, the learned senior counsel for the respondent No.8. By the order dated 09.11.2010 passed by this Court in WP(C) No.2 121/2010, the State respondents were directed to consider the case of the petiti oner for promotion to the post in the rank of Additional Director within a perio d of three months by observing all the formalities as per Rules. Subsequently, b y the order dated 05.01.2011 in MC No.3664/2010 this order was modified to the e ffect that the promotion being considered should be made on the basis of the gra dation list dated 26.08.2009. Thereafter, this Court, noticing that the promotio n being considered is to take into account the provisions of The Assam Scheduled Caste and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act , 1978, passed another order on 10.03.2011 in WP(C) No. 1342/2011 directing them that if any DPC was held in the meantime for selection to the post of Additiona l Director of Industries and Commerce, the same should not be finalized without the leave of the Court. It appears that this Court by the order dated 10.08.2011 in MC No.1759/2011 granted the leave to the Industries and Commerce Department, Govt. of Assam to proceed with the said DPC Committee for promotion to the cadr e of Additional Director. Subsequently, another order was passed by this Court o n 23.05.2011 in MC No.1406/2011 directing the respondent authorities to complete the selection process. It also directed therein that no final order should be p assed without the leave of this Court. According to the learned counsel for the applicant, in view of this order as well as the order dated 01.07.2011, the resp ondent authorities are unable to proceed with the DPC. It may also be noted that this Court by the order dated 01.07.2011 directed that the DPC Minutes as and w hen completed should be placed before the Court in sealed cover on 08.08.2011. T here is no dispute at the Bar that the DPC proceedings have been completed and t he Minutes have now been placed before this Court. All these orders have apparen tly prevented the respondent authorities from issuing the final order in respect of the promotion so ordered. As there is no dispute between the parties, on the prayer of the applicant, the respondent authorities are granted leave to finali ze the DPC, open the sealed cover of the DPC Minutes and thereafter issue the pr omotion order in accordance with law. The misc. case is disposed of with the abo ve terms. The entire exercise shall be completed within a period of two weeks’ form the da te of receipt of this order. The inter-se-seniority list of the petitioner and the respondent No.8 shall, how ever, be subject to the outcome of the pending writ petition.