JUDGMENT

Balakrishnan, J.-Leave granted.

2. The respondent herein was the Assistant Research Officer (Ayurveda) in the Indian Institute of Panchakarma, Cheruthuruthy, in Kerala. This Institute is functioning under the Central Council for Research in Ayurveda and Siddha. The Departmental Promotion Committee prepared a panel of eligible candidates for being promoted as Research Officers. The respondent alleged that she was included as Sl. No. 15 in the select list whereas her juniors were included as Sl. Nos. 1, 9, 11, 12, 13 and 14. The respondent contended that the promotion had to be effected on the principle of seniority-cum-fitness and therefore, the placing of respondent at Sl. No. 15 for being promoted, as Research Officer was illegal. The respondent filed a Writ Petition No. 1036/96 before the High Court of Kerala. A counter affidavit was filed on behalf of the appellants herein and they admitted that the method of filling up the said post of promotion from the eligible Assistant Research Officers was seniority-cum-fitness. The learned Single Judge held that as the promotion to the post of Research Officer was to be effected on the basis of principle of seniority-cum-fitnes