Gulab Singh Rathore vs State And Ors
2022 Latest Caselaw 11269 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1100/1997

Gulab Singh Rathore & Ors.

----Petitioners Versus State and Ors.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Nitin Trivedi
For Respondent(s)        :     --

HON'BLE MS. JUSTICE REKHA BORANA

Order

08/09/2022

The present petition has been filed with the prayer that the

notification dated 09.12.1996 (Annexure-2), whereby it was

directed that the seats would be filled up 100% by promotion, be

quashed and set aside. It is the contention of the petitioners in

the writ petition that these posts could not be filled by way of

promotion as these were the upgraded posts and therefore, the

policy of reservation would apply.

Learned counsel for the petitioners candidly submitted that

the controversy in question has already been decided by the

Division Bench of this Court in the matter of Ashok Kumar Kalra

& Ors. Vs. State & Ors. (D.B. Spl. Appl. Writ No.387/1997)

decided on 08.11.2017.

The Division Bench of this Court in Ashok Kumar Kalra's

case (supra) held that the present was not a case of upgradation

of the posts and therefore, the decision of filling up the newly

created posts 100% by way of promotion is valid.

(2 of 2) [CW-1100/1997]

In view of the judgment in Ashok Kumar Kalra's case

(supra), the present writ petition is dismissed.

All the pending applications also stand dismissed.

(REKHA BORANA),J

5-AnilKC/-

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