IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 6196 of 2008. Decided on: 26.07.2010. __________________________________________________________ S.P. Marjara. … Petitioner. Versus State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner. : Mr. K.D. Shreedhar, Advocate. For the Respondents. : Mr. R.P. Singh, Assistant Advocate General for respondent No.1. None for respondent No.2. Rajiv Sharma, J. (Oral): The case of the petitioner, in a nutshell, is that though he was considered for promotion to the post of Principal, Industrial Training Institute, but respondent No.2 was illegally promoted as Principal, Industrial Training Institute ignoring the fact that he was junior to the petitioner. The case of the respondents-State, precisely is that there were 21 posts of Principal, Industrial Training Institute and as per Recruitment and Promotion Rules, these posts were to be filled on 50:50 basis and thus for promotional category the cadre strength of Principal, Industrial Training Institute came to be 11 and based on this strength, the department is following the 13 point roster issued by the Secretary Personnel vide letter dated 20th August, 1998, according to which only one post fell in the share 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - of Scheduled Caste category. It is thus evident that the only post available as per roster was already filled by the candidate belonging to Scheduled Caste category and as such, the petitioner could not be promoted. 2. Accordingly, in view of the observations made hereinabove, there is no merit in the petition and the same is accordingly, dismissed. No costs. (Rajiv Sharma), J. July 26, 2010. (sck).