ORDER :

Kurian Joseph, C.J., Oral

Petitioner's grievance is against the promotion of her junior, Bimla Chauhan to the post of Assistant Malaraia Officer. Admittedly, the post was reserved for a scheduled caste candidate. Bimla Chauhan was junior to the petitioner and was being reflected as a scheduled caste employee in the seniority list, since long. Petitioner claims that she too belongs to a scheduled caste and, therefore, the post should have been offered to her, she being senior to Bimla Chauhan.

2. We have heard the learned counsel for the parties and gone through the record.

3. We find on record photostat copy of the first sheet of service book of the petitioner, which though does not very specifically indicate that the petitioner belongs to a scheduled caste, yet the words 'Indian (Harijan) (sub caste Koli)' are written against the column 'race' and the term 'Harijan' is used for scheduled caste, in this part of the country.

4. Respondents do not deny in their reply that the petitioner belongs to a scheduled caste category, but they say that in the seniority lists, which were being circulated since 1989, she is reflected as general category employee and she never made any represe