JUDGMENT :

Heard Mr. H. Lampu, learned counsel for the petitioner. Also heard Mr. Indraneel Chowdhury, learned Advocate General, assisted by Ms. K. Wangmo, learned State counsel for the State of Arunachal Pradesh, and Mr. Muk Pertin, senior counsel, learned Standing Counsel, assisted by Mr. K. Dabi, learned counsel for respondent Nos. 3 and 6. None appears for respondent Nos. 4 and 5.

2. By filing this writ petition the petitioner has challenged the legality and validity of order No. HC.V-120/2017(Pt-2)/542, dated 09.06.2017, issued by the Registrar General, Gauhati High Court, by which the respondent No. 5 has been promoted from the post of Assistant Registrar to Deputy Registrar and order No. HC.V-47/2013/1831/Estt. dated 22.08.2013, whereby the respondent No. 4 has been posted on transfer against the vacant post of Deputy Registrar, Gauhati High Court, Itanagar Permanent Bench on the ground of violation of Notification No. OM-38/76(Vol-II) dated 21.09.2000 and 01.02.2001, issued by the Chief Secretary, Government of Arunachal Pradesh.

3. The case projected by the petitioner is that he has initially joined the service at the Gauhati High Court, Itanagar Permanent Bench as Assistant on its establishment on 12.08.2000 and he has been working as Assistant Registrar since 2008. The Itanagar Permanent Bench of the Gauhati High Court was established in the year 2000 with a post of Deputy Registrar.

4. The Government of Arunachal Pradesh vide order No. JUD(HCB)-98/88(VOL-II) dated 21.09.2016, issued by the Chief Secretary, created as many as 25 posts for the Itanagar Permanent Bench of the Gauhati High Court, Naharlagun, which includes 2 posts of Deputy Registrar, one meant for Judicial Officer Grade-III and other posts meant for the High Court Services. Out of the creation of one more post of Deputy Registrar to be filled up from the High Court Services, there were two posts of Deputy Registrar to be filled up from the High Court Services at Itanagar Permanent Bench.

5. In the year 2013, one post of Deputy Registrar at Itanagar Permanent Bench fell vacant and it was filled up by private respondent No. 4 by way of transfer from Principal Seat, Gauhati High Court, videMemo No. HC.V-47/2013/1831/Estt. dated 22.08.2013.

6. The reservation policy of the State of Arunachal Pradesh vide Notification No. OM-38/76(Vol-II) dated 21.09.2000 and its partial modification dated 01.02.2001 were issued by the Chief Secretary, Government of Arunachal Pradesh, whereby the Government of Arunachal Pradesh in exercise of power under Clause (4) of Article 16 and in terms of Article 335 and 320 (4) of the Constitution of India has made reservation in the matter of promotion of officials and officers from Group-‘B’ to Group-‘A’ and within Group-‘A’, by prescribing 50% ratio reserved exclusively for APST officials or officers with a model 100 point rosters.

7. The contention of the petitioner is that since there are 2 posts of Deputy Registrar at the Itanagar Permanent Bench of the Gauhati High Court and the post of Deputy Registrar being Group-‘A’ post, 50% of the post is reserved for APST officials in terms of the reservation policy dated 21.09.2000 and 01.02.2001. The petitioner being an APST official ought to have been considered for promotion against one vacant post of Deputy Registrar. At the time of hearing the learned counsel for the petitioner fairly submits that the petitioner has no grievance against the respondent No. 4, therefore, he is not pressing the prayer No. 2 in respect of respondent No. 4.

8. According to the petitioner, on further creation of one more post of Deputy Registrar to be filled up from the High Court Services as there are 2 posts of Deputy Registrar, he has submitted a representation dated 01.11.2016 to the Registrar, Gauhati High Court, Itanagar Permanent Bench praying for promotion to the post of Deputy Registrar on the grou