Deepak Gupta, J.

1. By means of this writ petition, the petitioner i.e. Himachal Pradesh Samanaya Varg Karamchari Kalyan Mahasangh has challenged the validity of the instructions dated 7th September, 2007 issued by the State of Himachal Pradesh which makes provision for reservations in the matter of promotions with consequential seniority in all classes of posts in the services under the State in favour of the scheduled castes and scheduled tribes.

2. The State by these instructions has taken a decision to make reservation in promotion for the scheduled castes and scheduled tribes in terms of the provisions of Articles 16(4), 16(4-A) and 16(4-B) of the Constitution of India. The petitioners are aggrieved by the said instructions and certain observations made therein some of which are extracted hereinafter.

3. While making these reservations the State has referred to various judgments of the Apex Court. The judgment of the Supreme Court in M. Nagaraj and Ors. v. Union of India and Ors. (2006) 8 SCC 212, has been noted but the State has decided that there is no need to collect data as mandated in the said case and made the following observations:

However, controlling factors or c