IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.247/2011-A. Decided on: November 2,2011. Gauri Dutt …….Petitioner. Versus Dr.Y.S. Parmar University of Horticulture …….Respondents. __________________________________________________________ Coram The Hon’ble Mr. Justice V.K. Ahuja, Judge Whether approved for reporting? No. For the petitioner: Mr.Surender Sharma, Advocate. For the respondent: Mr.Onkar Jairath, Advocate. ---------------------------------------------------------------- Justice V.K. Ahuja,J.(oral): The petitioner has filed the present writ petition praying for the following reliefs: “(i) That impugned Annexures PC and PD dated 26.11.2010 (both) may kindly be quashed and set aside; (ii) that the respondents may kindly be directed to consider the case of the petitioner for promotion against 17 posts of Clerks as per the provisions of Recruitment and Promotion Rules notified vide Annexure PA on 16.11.2010.” 2. In the reply filed by the respondent University in para 5(ii), it has been pleaded as under: “10% by promotion from amongst the Class-IV officials who have passed 10+2 examination or its equivalent from a recognized Board of School Education/University and possess five 2 years regular service or regular combined with continuous adhoc service rendered, if any, in the grade; Provided that Class-IV officials will be given relaxation for a period of three years (i.e. 3 years from the date of notification of this R&P Rules) enabling them to improve 10+2 qualification during this period. If any Class-IV officials possessing Matric qualification is promoted to the post of Clerk, he must improve his educational qualification upto 10+2 within a period of three years from the date of notification of these R&P Rules. If he fails to improvement his education qualification upto 10+2 within the stipulated period, he will be reverted from Clerk to Class-IV post.” 3. The learned counsel for the respondent University submits that the case of the petitioner shall be considered, if found eligible, as per the Recruitment and Promotion Rules enumerated above. 4. In view of the reply filed by the respondent University and above submissions made by the learned counsel for the respondent University, the present petition is not pressed. However, it is directed that the case of the petitioner shall be considered under the 10% quota for promotion from amongst the Class-IV employees, if otherwise found eligible as per the Rules enumerated above. 3 5. With the above direction the petition stands disposed of accordingly, so also the pending application(s), if any. November 2, 2011 (V.K. Ahuja), (tilak) Judge.