SBCWP4395/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.4395/1997 Sushil Kumar Bhadauriya Vs. Rajasthan Non-Government Educational Institutions Tribunal, Jaipur and Others Date of Order ::: 19.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri D.P. Sharma, Counsel for petitioner Shri Ganesh Meena, Government Counsel for respondents #### By the Court:- Heard learned counsel for parties. This writ petition has been filed by petitioner aggrieved by judgment dated 14.07.1997 of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, by which his application for a direction to respondent No.5 Shree Sanatan Dharm Senior Secondary School, Ranjeet Nagar, Zone-D, Bharatpur, with whom the petitioner was working as Teacher Gr.II, to consider his case for promotion on vacant post of Lecturer available with them, was rejected. Learned counsel for petitioner at the very out-set cited the judgment dated 24.03.2006 of Division Bench of this Court SBCWP4395/1997 // 2 // rendered in Shri Agrawal Shiksha Samiti, Jaipur & Another Vs. State of Rajasthan & Others – 2006 (4) RDD (Raj) 1955. The Division Bench in the aforesaid judgment directed the State Government either by amending the Rules or by issuing executive orders to provide avenue of promotion to employees holding that every management must provide realistic opportunities for promising employees to move upward and grant of selection scales is not a substitute for promotion. It however held that no direction for giving promotion can be issued by the Court but a direction was given to the State Government to provide promotional avenues so that the case of employees could be considered for promotion. The learned counsel appearing on behalf of respondents, submitted that no direction can be issued for promoting an employee, and the only direction which can be issued is for consideration of his case for promotion as per existing Rules. However, I find that this contention itself has been taken note of by the Division Bench in Para 27 of the aforesaid judgment of the Division Bench, which decided the matter requiring the State Government to create avenues of promotion by amending the SBCWP4395/1997 // 3 // Rules or by issuing executive orders. The writ petition is, therefore, disposed of with observation that the directions contained in the aforesaid Division Bench Judgment shall mutatis mutandis apply to the case of the petitioner as well. (Mohammad Rafiq) J. //Jaiman//