THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.16722 of 2010 ORDER: This writ petition is filed to declare the action of the respondent in not considering the case of the petitioner for promotion by transfer to the post of Junior Assistant in ST quota applying the rule of reservation as arbitrary and illegal and consequently to direct the respondent to consider his case for promotion by transfer to the post of Junior Assistant in ST quota applying the rule of reservation by disposing of his representation dated 29-10-2009. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner who belongs to ST community was selected through Employment Exchange as Attender in the backlog vacancies and joined on 26-12-2001 in respondent temple and completed more than eight years of service. On passing B.A from the Andhra University, he applied to the post of Junior Assistant in the respondent – Temple through representation dated 29-10-2009 seeking to consider his case for promotion in the existing S.T vacancy, but the same has not been considered till date. It is the case of the petitioner that similarly situated persons were considered for promotion by applying the rule of reservation. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent. 4. Though the petitioner is seeking promotion from the post of Attender to that of Junior Assistant which is not permissible under law, he is entitled to promotion as Record Assistant, if he is otherwise eligible and qualified subject to availability of post. Therefore, the respondent is directed to consider the case of the petitioner in accordance with law, subject to his eligibility and existence of vacancy. The writ petition is accordingly disposed of. No costs. K.C. BHANU,J Dt. 17.06.2011 lvl THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.16722 of 2010 Dt. 17.06.2011