CWP(T) No 6920/2008 18.08.2010 Present: Mr. Arvind Sharma, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. R. M. Bisht, Dy. A.G. for the respondents. As on the date when the respondents took action for filling up the post of Nursing Orderly, the petitioner was not eligible, as he has not cleared his examination for Middle certificate. This he did only in December 1995. In March, 2010, the post was filled up from general category and there was no post of reserved category and hence petitioner’s claim for appointment on basis thereof could not have been considered. Hence, it cannot be said that any legal enforceable right of the petitioner stands violated. However, it is apparent from Annexure A-7 that the petitioner’s name for promotion has been recommended by the authorities. Thus, as and when any promotion takes place, his case shall be considered in accordance with law. With the aforesaid observations, the petition stands disposed of. ( Sanjay Karol ), Judge. August 18, 2010 (vt)