The court is examining the applicability of Rule 7 of the Promotions Rules, 2003, specifically whether the promotion of an unreserved candidate to a reserved post is valid based on the actual availability of reserved category candidates in the feeder cadre.

Order Sheet

Learned counsel for petitioner raises a specific plea that in view of amended provision under Rule 7 of Promotions Rules, 2003 , if any reserved category candidate in the facts of the case scheduled tribe is not available and will not be going to available till the retirement of candidate to be promoted then unreserved candidate is to be given promotion against the post reserved for Scheduled Tribe category candidate. He further submits that on the date when DPC was convened no Scheduled Tribe category candidate was available for consideration to be promoted and working on the post of Sub Engineer and, therefore, DPC considering the amended provision under Rule 2003 have considered the candidature of petitioner for grant of promotion and, accordingly, he was promoted on the post of Assistant Engineer.

Learned counsel for respondent no. 3 would oppose the submission made by learned counsel for petitioner and would submit that Scheduled Tribe candidate was inducted in service (by direct recruitment) after the DPC proceedings were completed in the year 2009. He submits that in view of part of amended provision of Rule 7 of Rules of 2003 benefit can be given to unreserved category candidate of promotion on the post of reserved post only when, no reserved category candidate would going to be available for consideration of his name for promotion till the date of retirement of unreserved promoted employee/ candidate. As in the case at hand according to his instructions the Scheduled Tribe category candidate was appointed as Sub Engineer who could be one of the aspirant for promotion to the post of Assistant Engineer and therefore, for such reason, petitioner would not be entitle to get benefit of amended provision of Rule 07 under Rule 2003.

Upon asking learned counsel for respondent no. 3 as to details of employee appointed on the post of Sub Engineer, belonging to Scheduled Tribe, he submits that no such pleadings are made in reply, to the petition.

Learned counsel for petitioner submits that according to his instructions even today Sub Engineer belonging to Scheduled Tribe category is not available in the feeder cadre.

In the above facts of the case, I find it appropriate to grant one opportunity to counsel for respondent no. 3 to place on record the details of Sub Engineer appointed by respondent no. 3 of Scheduled Tribe category and working by the next date of hearing.

List this case in week commencing 06th of April, 2026.