IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T). No.11141 of 2008. Date of Decision:19.10.2010. _______________________________________________ B.C.Verma. ….Petitioner. Versus. State of H.P and others. ….Respondents. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1?.No. For the petitioner :Mrs. Ranjana Parmar, Advocate. For Respondent-1. :Mr. P.K.Sharma, Addl. Advocate General. For respondent-2. Mr.D.K.Khanna, Advocate. For respondent-3. Mr.K.D.Shreedhar, Advocate. Dev Darshan Sud, J.(Oral). The petitioner prays for the following reliefs in this petition: “(i) That the respondents may kindly be directed to consider the applicant for promotion to the post of Deputy Secretary forthwith and promote him with all consequential benefits as such. Whether reporters of the Local papers are allowed to see the judgment?yes.. 2 (ii) That the respondents may be restrained from considering ineligible persons for further promotion to the post of Deputy Secretary. OR In the alternative, the applicant most respectfully prays that the illegal promotions of respondent No.3 made to the posts of Addl. Registrar/Registrar/Under Secretary be quashed and set aside” 2. I have heard learned counsel for the parties. It is undisputed before me that a show cause notice was issued to respondent No.3 and certain allegations made therein which is now the subject matter before the Public Service Commission. I am not making any observation with respect to that. 3. On the first two reliefs as claimed by the petitioner, it is but natural and the settled law that consideration to a post under the State, has to be strictly in accordance with rules applicable. It cannot be expected or imagined that the State would act contrary to the Rules. The grievance of the petitioner is that he was eligible of being promoted to the post of Deputy Secretary but his case was not being considered and that the consideration was contemplated by the respondents for considering some “ineligible person” 4. This is impermissible in law. An ineligible person cannot be promoted or considered for promotion. This petition is accordingly disposed of with a direction that the promotion to the post of Deputy Secretary with respondent No.2 shall be made in accordance with law. The alternate prayer is 3 declined. I have not made any observations regarding the pending proceedings against respondent No.3. The petition is disposed of. No order as to costs. (Dev Darshan Sud), Judge. October 19, 2010(R)