The fundamental right to be considered for promotion under Article 16(1) must be upheld, and the State Government's discretion in promotion must be exercised reasonably and not arbitrarily.

V.M. Pancholi, J.

1. By way of this petition, the petitioners have prayed for the following reliefs:

"25(a) declaring that the omission of the State Govt. to promote the petitioners to the post of Medical Officer Class II on completion of 5 years service as Medical Officer Class III is illegal and null and void.

(b) Directing the respondent to give a deemed date of promotion to the petitioners in the post of Medical Officer Class III and to grant to the petitioners all consequential benefits like arrears of salary, seniority etc. on that basis.

(c) xxxx

(d) xxxx"

2. The facts in nutshell are as under:

"2.1 The petitioners joined the services of the respondent-State as Medical Officer Class III pursuant to their selection by Gujarat Panchayat Services Selection Board. Petitioner Nos. 1 to 4 joined the services in the year 1978. The petitioner No. 5 joined the services in the year 1980. It is the case of the petitioner that at the time of recruitment, recruitment rules for the post of Medical Officer Class II namely Medical Officer, Gujarat Medical Services Class II Recruitment Rules, 1977 issued vide notification dated 27.12.1977 were in force. As per the said rules, the persons who have rendered ten years services as Medical Officer Class III were eligible for promotion of Medical Officer, Class II. However, by notification dated 10.5.1981, the State Government amended the notification dated 27.12.1977 and substituted the words 'five years' for the words 'ten years' in the notification dated 27.12.1977. Thus, it is the case of the petitioners that as per the amended recruitment rules prevailing at the relevant time, the petitioners were eligible for promotion to the post of Medical Officer Class II on expiry of five years service in the post of Medical Officer Class III on 18.2.1982, the respondent State promoted 110 Medical Officers Class III as Medical Officer Class II on completion of five years service. The petitioners completed five years of service in the year 1983 and in the year 1985 respectively. However, they were not promoted on the post of Medical Officer Class II. The petitioner, therefore, made representations. However, promotion was not given to the petitioners. Thereafter, by an order dated 27.10.1994, the petitioners have been promoted on temporary basis on the post of Medical Officer Class II. Thus, though the petitioners were eligible for promotion in the year 1983-85, the respondents have been in fact promoted in the year 1994. The present petition is therefore filed for grant of deemed date promotion and other consequential benefits."

3. Heard learned advocate Mr. A.K. Clerk appearing for the petitioners and learned advocate Mr. Udit Mehta for the respondents.

3.1 Learned advocate Mr. Clerk mainly contended that the petitioners Nos. 1 to 4 were appointed in the year 1978 and petitioner No. 5 is appointed in the year 1980 and therefore as per the amended notification of the recruitment rules, the petitioners were eligible for promotion after completion of their five years service on the post of Medical Officer, Class III. Similarly situated persons i.e. more than 110 Medical Officers of Class III were promoted by order dated 18.2.1982 to the post of Medical Officer, Class II on completion of five years service. Even thereafter, 400 persons who are recruited were appointed on the post of Medical Officer Class II during the period between 1983-93. Thus, the posts of Medical Officer Class II were available during the aforesaid period, in spite of that the respondents have not promoted the petitioner though they were eligible and only in the year 1994, promotion was granted to the petitioner. During the aforesaid period of ten years, only 9 persons were promoted on the post of Medical Officer, Class II.

3.2 Learned advocate Mr. Clerk thereafter submitted that as per note put up by Dy. Secretary, Health and Family Welfare Department, the ratio of 1:1 between direct recruits and promotees was in operation under t