JUDGMENT/ORDER

FIRDOSH P.POONIWALLA, J. - By this Petition, the Petitioner seeks an order that the process of promotion initiated by the Respondents is illegal, unconstitutional and ultra vires the fundamental rights guaranteed to the Petitioner under the Constitution of India. The Petitioner further seeks a direction to the Respondents to consider the Petitioner for promotion to the post of Assistant Sec. Officer as per the Bombay High Court Appellate Side Service Rules, 2000 ("the Service Rules"). Further, the Petitioner also seeks that he may be granted deemed date of 10/2/2022 with all arrears and other consequential service benefits.

2. The Petitioner was appointed as a Clerk. On 9/7/2013, Respondent No.1 issued an appointment order for the post of Clerk to the Petitioner and by an order dtd. 19/7/2013 posted the Petitioner as a Clerk on the Appellate Side of this Court with effect from 18/7/2013.

3. The Petitioner completed his probation period on 6/10/2015. Thereafter, the Petitioner participated in a Lower Standard Departmental Examination in 2015 as per the Service Rules and secured 225 out of 300 marks.

4. It is the case of the Petitioner in the Petition that, in 2018, he bec