1. - I have heard the learned counsel for the parties.

2. The petitioner, a Stenographer-cum-personal Assistant in District Court, Jodhpur, has filed this writ petition challenging her supersession in promotion to the post of Senior Personal Assistant, which post was created in 1989 and was filled for the first time when the Rules were silent about the 5 criterion for such promotion.

3. The petitioner has also challenged the promotion of respondent No. 3 who was junior to her as Stenographer-cum-Personal Assistant to the post of Senior Personal Assistant vide Annex.3 and the rejection of her appeal against that promotion vide Annex.5. While the petitioner has claimed that there being no criterion prescribed, the promotion should have been made on the basis of seniority-cum-suitability to the newly created post, learned counsel for respondents No. 1 and 2 has stated that it being a newly created post, on s advise being sought by the learned District Judge, the High Court has left it to the discretion of the District Judge to fill up the post either by seniority-cum-merit or by merit according to his best judgment. Consequently, the District Judge has chosen to fill the post b