JUDGMENT D.K. Seth, J.
1. The petitioners' name was included in the select list in serial Nos. 15, 16 and 8, contained in Annexure 1 to the writ petition. Subsequently by an order dated 5th April, 1994 contained in Annexure 3-A to the writ petition, the selection of the petitioners was cancelled. The said order referred to an order dated 16th March, 1994, which is Annexure C.A.-2 to the writ petition.
2. Mr. S.N. Srivastava, learned Counsel for the petitioners contends that the question of promotion is on the basis of merit alone provided the persons in different department are eligible. For which, according to him, a waiting list is to be prepared for filling up the different posts. He relies on certain Rules contained in Chapter VI of the Recruitment Rules for filling up the post either by promotion or by transfer. He also refers to Chapter VII in which preparation of waiting list is provided for. Therefore, the cancellation order cannot be sustained.
3. Mr. K.R. Singh, learned Standing Counsel on the other hand contends that it is on the basis of seniority-cum-merit and the merit-cum-seniority cannot at all be overlooked and the select list was prepared ignoring the names for which enquiry committee was formed, the enquiry committee found that persons at serial Nos. 15 to 19 were not eligible and as such, their names were removed. There was no illegality in the said order.
4. I have heard both the learned Counsel.
5. Relevant Rules provides for filling up different posts either by transfer or promotion. Some posts are liable to be filled up from among permanent Munshies, who are eligible for such posts and those can be filled up only on the basis of merit. It also provides that those who are eligible for promotion on the basis of seniority in their parent service, would be placed in a list as well as those who could be transferred, should be placed above the persons so elligible for being promoted. Such list consists of only as many candidates as there are vacancies. A waiting list may be prepared in respect of filling up of the posts in terms of paragraph 16 or under paragraph 12. A combine list is also to be prepared of the person to be selected/allotted under paragraph 17(b) in a manner to show that every fourth post could be filled up by direct recruitment.
6. It appears that the present list is not a waiting list. It was a list alleged to have been prepared under paragraph 17(b). Annexure I does not appear to be a list prepared in terms of paragraph 18. Inasmuch as paragraph 18 contemplates preparation of a combined list. Whereas, the list is only of a promotional list and not of transfer as contemplated in paragraph 17(b).Therefore, said list can be prepared of such candidates equal to the number of the vacancies for which the consideration is being affected. Admittedly, there were 14 vacancies which were to be filled up. Therefore, in such list, there cannot be any name in excess of the number of vacancies. If there are 14 vacancies, there could not be more candidates than 14. The enquiry committee as it appears from Annexure C.A-2 had submitted its report. On the basis of the report, it was found and accepted by authorities concerned that the persons at serial Nos. 15 to 19 could not be included in the select list. Therefore, the name of those five persons were to be deleted from the said list. In such circumstances, I do not find any infirmity in the order impugned, since the same commensurate with the rules the text whereof is contained in Annexure C. A-1.
7. In case of promotion it is only the post for which consideration in made. There cannot be any waiting list in anticipation for promotion in future vacancy unless the rules specifically provides for. It is unknown in service jurisprudence. Question of promotion is to be considered only against the available posts.
8. The writ petition, therefore, fails and is, accordingly dismissed. No cost. However, this order will not effect the promotion of the petitioners if they have been promoted after the impugned order dated 16th March, 1994 is passed of after the writ petition was moved, namely, on 8th July, 1994.