Ujjal Bhuyan, J.

Heard Mr. P.K. Tiwari, learned Senior counsel, assisted by Mr. H.K. Das, learned counsel, for the petitioner and Mr. S. Sharma, learned Additional Advocate General, Assam, appearing for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to fill up three vacancies in the cadre of Deputy Director, Tourism, in accordance with the provisions of Assam Tourism Service Rules, 1995, in a time-bound manner. Further prayer made is to consider the case of the petitioner for such promotion.

3. Petitioner is serving as Tourist Information Officer in the Directorate of Tourism, Assam. In the final gradation list of Tourist Information Officer as on 15.11.2013, petitioner is placed at Serial No.3.

4. Recruitment and conditions of service of persons appointed and belonging to the Assam Tourism Service are regulated by the Assam Tourism Service Rules, 1995 (Service Rules) framed by the State exercising power conferred by proviso to Article 309 of the Constitution. Next higher post above Tourist Information Officer is Deputy Director which is filled up by way of promotion subject to fulfilment of eligibility criteria and on the basis of merit-cum-seniority.

5. Hon'ble Chief Minister, Assam, had directed all the Government departments to prepare a time-bound action plan to fill up the existing vacancies on fast track mode. This is contained in the letter of the Chief Secretary dated 16.09.2013 addressed to all the high Government officials. In connection with the above exercise, Director of Tourism, Assam, had informed the Government in the Tourism Department vide letter dated 23.09.2013 that there were three vacancies in the cadre of Deputy Director and that process was on to fill up the said vacancies which would be completed within two months. Since petitioner had the eligibility for such promotion, she was waiting for consideration of her case for promotion.

6. In the meanwhile, respondent No.2 issued notification dated 04.03.2014 temporarily promoting the officers placed at Serial Nos.1 and 2 in the final gradation list of Tourist Information Officer to officiate as Deputy Director of Tourism under Regulation 4(d) of the Assam Public Service Commission (Limitation of Functions) Regulations, 1951, for a period of one year or till regularisation by Assam Public Service Commission (APSC).

7. Aggrieved, present writ petition has been filed seeking the reliefs as indicated above.

8. Respondents have filed a common affidavit. Stand taken in the affidavit is that though there are three vacancies in the cadre of Deputy Director of Tourism and petitioner is placed at Serial No.3 of the final seniority list of Tourist Information Officer, the 25th position in the roster register in the cadre of Deputy Director which corresponds to the third vacancy is reserved for ST(P) and to accommodate the petitioner in the 3rd vacancy, the said 25th position in the roster would have to be de-reserved. However, Govt. of Assam has not de-reserved the said roster point. An appeal has also been filed by the officer at Serial No.4 Smt. Banti Neog against assignment of lower seniority position to her than the petitioner in the cadre of Tourist Information Officer which is pending. It is however stated that Government will not take any step to fill up any vacancy on adhoc basis and that all the posts would have to be referred to the APSC for regularisation within a period of one year.

9. Petitioner has filed rejoinder affidavit to the counter affidavit filed by the respondents. Besides reiterating the averments made in the writ petition, it is stated that the cadre of Deputy Director consists of only 8 posts. Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978, as amended, (Reservation Act) provides