judgment

A.K. Mathur, J. —

1.These appeals are directed against the order dated 15th may 2003 passed by the Division Bench of Madhya Pradesh High Court in Writ Petition No. 5634 of 1999, whereby Shiv Nath Prasad, appellant (herein) challenged the order passed by the State Administrative Tribunal challenging the promotion of petitioner/appellant before us and private respondents who belong to non-scheduled caste. The case of the appellant (herein) was that he was appointed as Assistant Engineer in the Public Works Department after selection through Madhya Pradesh Public Service Commission. Petitioner/Appellant (Scheduled Caste) alongwith other Schedule Caste and other private respondents (non-SC) were selected and appointed as Assistant Engineers on the basis of Civil Services Examination conducted by the Madhya Pradesh Public Service Commission. The names of scheduled caste candidates appeared at S.Nos. 23, 24 and 25 below the name of the respondent Saran Pal Jeet Singh Tulsi (herein). After their appointment, they joined the duties on the post of Assistant Engineer on different dates in the year 1972. The names of the petitioner/appellant and other scheduled caste candidates were sh