JUDGMENT :

The petitioner seeks writ of mandamus for promoting him to the post of Assistant Director (Archives). He has also prayed for direction to the respondents not to promote private respondents No.3 and 4 as Assistant Director (Archives). Another relief prayed for is that Clause 7(a)(ii) of the Recruitment & Promotion Rules, 2012 for the post of Assistant Director (Archives) be declared null and void.

2. Admitted factual position is that:-

2(i). The petitioner was appointed as Junior Technical Assistant in the year 1998. He was promoted to the post of Technical Assistant (Archives) in the year 2015. Further promotion from the post of Technical Assistant (Archives) is to the post of Assistant Director (Archives).

2(ii). Recruitment & Promotion Rules for the post of Assistant Director (Archives), Class-I (Gazetted) (in short ‘2007 R&P Rules’) in the Department of Language, Art & Culture, Himachal Pradesh were framed vide notification dated 15.01.2007 (Annexure P-1). As per Clause 10 of these rules, the single cadre post of Assistant Director (Archives) was to be filled-up 100% by promotion, failing which by direct recruitment or on contract basis. In terms of Clause 7 of these R&P