IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4437 of 2008 Decided on: April 23, 2010 Jasmir Singh ….. Petitioner. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. KD Shreedhar, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner who has been working as Laboratory Attendant is aggrieved since he is not in a position to get any promotion to the cadre of Laboratory Assistant. The Rules have been framed as per Annexure A-1 with regard to the recruitment to the post of Laboratory Assistant. It is seen that it is a Class III post and prescribed minimum qualification is Bachelor of Science in the respective category. But it is seen that the Government has provided 10% lposts to be filled up by promotion. The qualification prescribed for promotion is that the Laboratory Attendant should possess 10+2 in science and they should have been in regular service for five years. According to the petitioner, he has put in more than 2 15 years service as of now as Laboratory Attendant and there are several such persons with such long service. When the Rules were framed, 10% posts were reserved to the Laboratory Attendant so as to give a chance of promotion. But the prescription of qualification has stood in their way of promotion. It is the contention of the petitioner that no Laboratory Attendant is available in the State who has 10+2 with science. It is also submitted that by virtue of their long experience as Laboratory Attendants, even without the science background at the higher secondary level, they will be in a position to perform duties of Laboratory Assistant. It is also submitted that the very purpose of reservation would be achieved only if the qualification is relaxed in view of the experience and in view of the non- availability of any candidate in reserved category with prescribed qualification of 10+2 with science. 2. Having heard the learned counsel on both sides, we find force in some of the submissions made by the learned counsel for the petitioners. If 10% posts are reserved for the Laboratory Attendants and if the intention of such reservation is to be achieved it should enure to the actual benefit of Laboratory Attendants. Since the Government has relaxed the qualification from the Degree to Higher Secondary, it is clear that the Government actually intended to give due weight to the long experience of the Laboratory Attendants. But whether the reservation has achieved its object is the question. If as a matter of fact laboratory Attendant with higher secondary with science is not available, Rules will only remain in the statute book and it will not achieve its laudable object. At the time of recruitment of Laboratory Attendant originally in case the Government did not prescribe the qualification as higher secondary with science and if Laboratory Assistants with higher secondary with Arts have been 3 recruited and continuing, and in case they are to be given 10% of the promotional posts, proper safeguard should be made in such way that the benefit actually accrues to the existing incumbents in the cadre of Laboratory Attendant. 3. Therefore, there will be direction to the first respondent/ Secretary in the Department concerned to look into the matter in light of the observations made in this judgment and take appropriate action for achieving the object of reservation of 10% posts for laboratory Attendants in the cadre of Laboratory Assistants. The needful in this regard shall be done within a period of three months from the date of production of a copy of this judgment. In the process the Government will also take into consideration Rule 17 wherein it is prescribed that the Government is free to relax the Rules in consultation with the Public Service Commission which would also indicate that for achieving the laudable object of reservation in case relaxation is required, the same has to be done. 4. The Writ Petition is disposed of. (Justice Kurian Joseph), Chief Justice April 23, 2010 (Justice R.B. Misra), (rks) Judge.