High CourtsDivision Bench(2010) 05 SHI CK 0207

Dinesh Chand Sharma and Others vs C.S.K. Himachal Pradesh Krishi Vishwa Vidyalaya

High Court Of Himachal Pradesh · Decided on 26 May 2010

HON’BLE JUDGES
Kurian Joseph, C.J · Surinder Singh, J
CASE NUMBER
C.W.P. (T) No. 16410 of 2008

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Judgment

4 paragraphs · 197 words

Kurian Joseph, C.J.—The simple dispute in this petition pertains to the maintenance of quota in the matter of promotion to the post of Technical Assistant Grade-II. As per 2001 Rules, 75:25 was the quota between in service and direct recruits. The Rules were amended in 2007, changing the ratio to 50:50. It is now well settled law that vacancies which existed prior to the amendment of the Rules should be filled-up as per the unamended Rules. [See decision in Y.V. Rangaiah and Others Vs. J. Sreenivasa Rao and Others,

2.

Learned Counsel for the Respondent however, submits that even going by the un-amended rules in the cadre strength of 37, in service candidates were in excess of 75% quota. It is a matter of simple verification. Therefore, we dispose of the writ petition as follows:

(i) Vacancies which existed prior to the amendment of the Rules, shall be filled-up on the basis of 75:25 taking the cadre strength as 37. If there is deficiency, the same shall be filled up as above within two months from the production of the copy of this judgment.

3.

The petition is disposed of, so also the pending applications, if any.