1. ln this petition fifed under Article 226 of the Constitution, petitioner

has challenged his supersession. The petitioner was appointed as Forest Guard and is admittedly senior to respondent No.4 and 5. The respondents have

promoted certain juniors of the petitioner on the higher post of Vanpal in the pay scale of Rs. 3500-5200/-by order dated 21.10.2002. After filing the representations, petitioner has challenged the said order and his supersession.

2. Shri Alok Sharma, learned counsel for the petitioner by placing reliance on M.P. Public Service (promotion) Rules 2002 (in short’2002 Rules’) submit that as per said rules, the criteria for promotion was ‘seniority subject to fitness’. Learned counsel for the petitioner submits that where the petitioner is admittedly senior to the private respondents herein, question of considering the comparative merits of the candidates in the criteria of ‘seniority subject to fitness’ does not arise. He submits that ACR is never communicated to him, therefore, his supersession by DPC was impermissible and liable to be interfered.

3. Smt. Patanker, learned Government Advocate, on the other hand supported the order of promotion of juniors. It