Heard learned counsel for the petitioner and the State.

2. At the relevant time petitioner served as Assistant Engineer in the Public Health Engineering Department of the State Government. He filed this writ petition questioning the validity of notification of the State Government dated 5.7.2005, Annexure-3 whereunder 11 Assistant Engineers have been promoted as Executive Engineer on the ground that Kishori Lal Baitha and Suresh Prasad Soor, respondent nos.6, 7 were granted such promotion contrary to the reservation roster point fixed by the Government under letter no.458 dated 30.09.2002 pursuant to Article 16(4-A) of the Constitution inserted under Constitution (85th Amendment) Act, 2001 and the corresponding amendment made in the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Schedules Tribes and other Backward Classes) Act, 1991 vide Amending Bihar Act 17 of 2002.

3. It is submitted by the counsel for the petitioner that notification issued by the Government providing for reservation in promotion for the Scheduled Castes/ Tribes under resolution of the Government bearing no.213 dated 7.6.2002 was issued without undertaking any exercise to object