Nafr High Court
Case Details
SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.10 17:47:43 +0530 1 2025:CGHC:31531-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5738 of 2023 1 - Alpana Tiwari D/o Sitaram Tiwari Aged About 44 Years R/o Main Road Centre, Koni, Village Koni, Bilaspur, District Bilaspur (C.G.) 2 - Pamendra Kurrey S/o Parmeshwar Prasad Kurrey Aged About 32 Years Village And Post Bitkuli, Tahsil Bilha, District Bilaspur (C.G.) 3 - Durgesh Patel S/o Ram Manohar Patel Aged About 42 Years R/o Quarter No. M/2, Songanga Colony, Sarkanda, District Bilaspur (C.G.) 4 - Tarun Kesharwani S/o Bhikham Prasad Kesharwani Aged About 36 Years R/o Behind D.P. Vipra College, Near Panchmukhi Hanuman Mandir, Tikarapara, Bilaspur, District Bilaspur (C.G.) 5 - Alok Sharma S/o Bhushan Sharma Aged About 37 Years R/o C-29, Chaube Colony, Arvind Nagar Sarkanda, Bilaspur, District Bilaspur (C.G.) 6 - L. Maheshwar Rao S/o L. Krishna Rao Aged About 38 Years R/o S-2/8, Ganesh Nagar Anpurna Vihar, Bilaspur, District Bilaspur (C.G.) 7 - Dhaneshwar Netam S/o Jagsingh Aged About 34 Years R/o Village And Post Sonthi, Tahsil Sipat, Bilaspur, District Bilaspur (C.G.) 8 - Ravi Dewangan S/o Krishna Kumar Aged About 35 Years R/o Krishna Cycle Store, Hatari Chowk, Juna Bilaspur District Bilaspur (C.G.) 9 - Sagar Jaiswal S/o Baikunth Nath Jaiswal Aged About 34 Years R/o Salka Nawagaon, Kargi Road, Kota, District Bilaspur (C.G.) 10 - Manu Tripathi Mandal S/o Rahul Kumar Mandal Aged About 37 Years R/o Usha Upvan Society, Hemu Nagar, Bilaspur, District Bilaspur (C.G.) 11 - Ashwani Yadav S/o Ramsharan Yadav Aged About 38 Years R/o Budha Mahadev Mandir, Ratanpur, District Bilaspur (C.G.) 2 12 - Savita Rani Yadav W/o Ashwani Yadav Aged About 32 Years R/o Budha Mahadev Mandir, Ratanpur, District (C.G.) 13 - Sukhdev Soni S/o Yashwant Kumar Soni Aged About 33 Years R/o Jorapara, Chaube Colony, C-40, Sarkanda, Bilaspur District Bilaspur (C.G.) 14 - Kalyani Verma W/o Prakash Verma Aged About 35 Years R/o Ward No. 12, Ruchika Vihar, Sirgitti, Bilaspur District Bilaspur (C.G.) 15 - Shalini Sahu W/o Santosh Sahu Aged About 36 Years R/o Sichai Colony, Near Sai Mandir, Ranigaon Chowk Ratanpur District Bilaspur (C.G.) 16 - Prakash Sharma S/o Shri U.S. Sharma Aged About 33 Years R/o Near Ashish Traders Chatidih, Bilaspur, District Bilaspur (C.G.) 17 - Saurabh Mangal S/o Rajkumar Agrawal Aged About 35 Years R/o Mangal Trading, Station Road, Shakti, District Shakti (C.G.) 18 - Anjan Kumar Acharya S/o Anil Acharya Aged About 38 Years R/o Jai Loknath Vihar, Secl Bilaspur, District Bilaspur (C.G.) 19 - Dipali Rajwade D/o Ramsai Rajwade Aged About 31 Years R/o Village Vishunpur, School Para, Block Baikunthpur, District Korea (C.G.) 20 - Omprakash Rajwade S/o Ramlal Rajwade Aged About 44 Years R/o Damarpara, Near Lok Parlok Dhabha, Chindand Baikunthpur,district Korea (C.G.) 21 - Vikram Miri S/o Lakhan Lal Miri Aged About 34 Years R/o C-95/2, 2nd Bataliyan Camp, Sakri District Bilaspur (C.G.) 22 - Vandana Singh D/o Bhanu Pratap Singh Aged About 36 Years R/o In Front Of Fedreshan Office, Babulain, Chhota Bazar Chirmiri District Korea (C.G.) 23 - Amir Kumar Patle S/o Aatmalal Patle Aged About 32 Years Sodhar, Post Dharampur, Tahsil Mungeli District Mungeli (C.G.) 24 - Ashish Kumar Kashyap S/o Shivpujan Prasad Aged About 35 Years R/o Near Kali Mandir, Bramahan Para, Lormi District Mungeli (C.G.) 25 - Mukesh Singh Thakur S/o Bhuwan Singh Thakur Aged About 38 Years R/o Gali No. 4, Bhartiya Nagar, Bilaspur, District Bilaspur (C.G.) 26 - Bhupendra Prasad S/o P.N. Prasad Aged About 36 Years R/o L.I.G. 115, Devarikhurd, Haushing Board Colony, Bilaspur, District Bilaspur (C.G.) 3 27 - Jitendra Kumar Kanwar S/o Ramji Kanwar Aged About 30 Years R/o Village Nawagaon, Post Dhaurabhata, Tahsil Magarlod, District Dhamtari (C.G.) 28 - Pankaj Kumar Temunkar S/o Nirmal Temunkar Aged About 40 Years R/o Village And Post Selud, Tahsil Patan, District Durg (C.G.) 29 - Amrit Lal Indawar S/o Mahesh Ram Indawar Aged About 37 Years R/o Village And Post Duldula, High School Colony, Jashpur, District Jashpur (C.G.) 30 - Suman Lal Sande S/o Sahas Ram Sande Aged About 33 Years R/o Village Cheudih, Post Menda, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 31 - Tadharam Kahra S/o Parasram Kahra Aged About 38 Years R/o Kahrapara, Sargaon, Post Sargaon, District Janjgir-Champa (C.G.) 32 - Pramod Kumar Chandra S/o Kartik Ram Chandra Aged About 39 Years R/o Village Bhathora, Tahsil Malkharoda, District Sakti (C.G.) 33 - Sunil Kumar Thawait S/o Lakhan Lal Aged About 41 Years R/o Indra Colony, Near Pani Tanki, Tarbahar, Bilaspur District Bilaspur (C.G.) 34 - Ekant Kumar Jaiswal S/o Vijay Jaiswal Aged About 35 Years Kalyan Krishi Sewa Kendra, School Road, Ambikapur, District Sarguja (C.G.) 35 - Sandeep Kumar Sahu S/o Shiv Kumar Sahu Aged About 35 Years R/o Ekta Samiti Imlibhatha, Bandhwapara, Sarkanda, Bilaspur, District Bilaspur (C.G.) 36 - Ramcharan Sahu S/o Hiralal Sahu Aged About 32 Years R/o Near Sheetala Mandir, Kishan Para, Chatidih, Bilaspur, District Bilaspur (C.G.) 37 - Shweta Jaiswal D/o Ashok Jaiswal Aged About 33 Years R/o Bazar Road, Ramanujnagar District Surajpur (C.G.) --Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Tribal And Schedule Caste Development, Dau Kalyan Sinh Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Director Department Of Tribal And Schedule Caste Development, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 4 3 - Commissioner Department Of Tribal And Schedule Caste Development, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) -Respondent(s) AND WPS No. 5861 of 2023 1 - Rajnikant Rajwade S/o- Ramchnadra Rajwade Aged About 31 Years R/o- Village- Mendra Kalan, Post- Mendrakalan, Tahsil- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 2 - Komal Singh S/o- Govind Ram Aged About 36 Years R/o- Village- Mudhiya, Post- Suregaon, Block- Doundi Lohara, District : Balod, Chhattisgarh 3 - Pritesh Singh S/o- Raj Kishore Singh Aged About 32 Years R/o- H. N. D / 141, Nahar Parjagdamba Colony, Mathpurena, District : Raipur, Chhattisgarh 4 - Priyesh Kumar Sahu S/o- G. R. Sahu Aged About 34 Years R/o- Sahu Sadan Ward No. 68, Ramayan Nagar, Koni, Bilaspur, District : Bilaspur, Chhattisgarh 5 - Om Narayan Dewangan S/o - Sekhlal Dewangan Aged About 31 Years R/o- Village- Matewa, Block- Gundardehi, District : Balod, Chhattisgarh 6 - Dhaneshwar Singh Thakur S/o- Ram Krishna Thakur Aged About 35 Years R/o- Village- Gainjee, Post Gidhali, Block- Doundi Lohara, District : Balod, Chhattisgarh 7 - Daneshwar S/o - Mansukh Lal Verma Aged About 34 Years R/o- Village And Post Gatapar Kala, Block Khairagarh, District : Khairagarh-Chhuikhadan- Gandai, Chhattisgarh 8 - Gajanan S/o- Lilar Singh Aged About 35 Years R/o - Ward No. 13, Amapara, Balod, District : Balod, Chhattisgarh 9 - Vinod Gendre S/o- Pilalal Gendre Aged About 32 Years R/o- H. No. 08, Ward No. 06, Arjunda, Tahsil Arjunda, District : Balod, Chhattisgarh 10 - Rahul Sirmour S/o- Ramakant Sirmour Aged About 32 Years R/o- Q.No. 3/h Street No. 05 Sector 04, Bhilai Nagar, District : Durg, Chhattisgarh 5 11 - Mukesh Kumar Sahu S/o- Shiv Kumar Sahu Aged About 35 Years R/o- Sahu Niwas, Village And Post- Kurud, Bhilai, District : Durg, Chhattisgarh 12 - Amit Kumar Singh S/o- Latru Ram Aged About 30 Years R/o- Gandhi Nagar Near Shiv Temple, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 13 - Ashish Soni S/o- Ramesh Soni Aged About 30 Years R/o- Nawapara Charch Road, Ward No. 09 Ambikapur, District- Sarguja, Jorapara, Chhattigarh. 14 - Abhishek Dubey S/o- Ashok Kumar Dubey Aged About 37 Years R/o- Tarbahar, Indira Colony, Near Pani Tanki Bilaspur, District : Bilaspur, Chhattisgarh 15 - Sameer Singh S/o- Ashnandan Singh Aged About 37 Years R/o- Ring Road, Naya Bus Stand, Gangapur, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 16 - Ravi Shankar Gavel S/o- Lt. Ram Prasad Aged About 31 Years R/o - Basti Para, Village- Bagdewa, Post- Tiur, Block Kharsia, District : Raigarh, Chhattisgarh 17 - Tripati Singh Sarang D/o- Samay Lal Sarang Aged About 32 Years R/o- Temar Road Infront Of Sonthi Petrol Pump, Block Sakti, District : Sakti, Chhattisgarh 18 - Chemendra Kumar Mairty S/o Amrit Lal Maitry Aged About 35 Years R/o- Ward No. 2, Atal Chowk, Dhabhra, District : Sakti, Chhattisgarh 19 - Nisha Rathore D/o- Chetan Prasad Rathore Aged About 31 Years R/o- Village Seoni Naila, Tahsil Janjgir, District : Janjgir-Champa, Chhattisgarh 20 - Vikram Singh Markam S/o- Dara Sing Markam Aged About 30 Years R/o- Tilak Nagar Ward No. 9 Katghora, District : Korba, Chhattisgarh 21 - Johan Banjare S/o- Ashok Kumar Banjare Aged About 34 Years R/o- Old Power House, Bajaj Colony, Torwa Tahsil And, District : Bilaspur, Chhattisgarh 22 - Subhash Kumar Manhar S/o- Joshik Manhar Aged About 28 Years R/o- Village- Taldeori, Tahsil- Bamnidih, District : Janjgir-Champa, Chhattisgarh 6 23 - Atul Kumar Xalxo S/o- Miliyanush Xalxo Aged About 34 Years R/o- Village- Khairbar, New Basti Baki Dam Road, Ambikapur, District : Surajpur, Chhattisgarh 24 - Kamlesh Kumar Lahre S/o- Malik Ram Lahre Aged About 39 Years R/o- Village- Parsada, Post Bharni Ganiyari, Tahsil- Sakri, District : Bilaspur, Chhattisgarh 25 - Vimal Kumar Thakur S/o- Ramesh Singh Thakur Aged About 33 Years R/o- Kawrdha, Block- Kawrdha, District : Kawardha (Kabirdham), Chhattisgarh 26 - Milan Dev Rai S/o- Shital Prasad Aged About 33 Years R/o- Village- Kirari, Tahsil- Masturi, District : Bilaspur, Chhattisgarh 27 - Kishore Kumar Tikam S/o- Halli Ram Tikam Aged About 32 Years R/o- H. No. G 1 Block Colony Para, Post- Tokapal, District : Bastar(Jagdalpur), Chhattisgarh 28 - Sanjay Kumar Painkara S/o- Chandrabhan Singh Aged About 31 Years R/o- Govt. Pre Maitric S.T. Boys Hostel Sargipal Block Bakawand, District : Bastar(Jagdalpur), Chhattisgarh 29 - Pallav Jha S/o- Purushottam Jha Aged About 39 Years R/o- Bastar High School Parisar Near Hata Ground, Jagdalpur, Block Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 30 - Prakhar Singh Sisodiya S/o- Rana Bhaiya Sisodiya Aged About 31 Years R/o- Ward No. 16, Behind Tiwari Balodyan Janjgir, District : Janjgir-Champa, Chhattisgarh 31 - Dharmesh Kumar Sidar S/o- Kishor Kumar Sidar Aged About 31 Years R/o- Street No. 34, Q.No.4-B Nandini Township, District : Durg, Chhattisgarh 32 - Balram Dewangan S/o- Omprakash Aged About 31 Years R/o- Ward No. 9, Taigor Nagar, Sariya, District : Raigarh, Chhattisgarh 33 - Girivar Naik S/o- Nayan Singh Aged About 34 Years R/o- Village And Post Tausir, Tahsil Baramkela, District : Raigarh, Chhattisgarh 34 - Anushiya Patel D/o- Chhatra Kumar Aged About 32 Years R/o- Village Bore, Budha Gautiyapara, Post Devgaon, Tahsil Baramkela, District : Raigarh, Chhattisgarh 7 35 - Priyankeshwar Patel S/o- Budhram Aged About 31 Years R/o- House No. 02, Purana Police Line, Gaushalapura, District : Raigarh, Chhattisgarh 36 - Abhishek Kumar S/o- Ashok Kumar Aged About 34 Years R/o- Ward No. 6, B. D. Mahant Upnagar, Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 37 - Hitesh Kumar Gupta S/o- Himanshu Aged About 31 Years R/o- Village Manpur, Post Adhiyar Khor, Tahsil- Nawagarh, District : Bemetara, Chhattisgarh 38 - Vinay Kumar Gupta S/o- Santosh Kumar Gupta Aged About 32 Years R/o- Jai Gurudev, Pashu Aahar, Infront Of Krishi Vibhag, Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh 39 - Satyendra Kumar Kanojiya S/o- Lt. Prahlad Ram Kanojiya Aged About 36 Years R/o- Kanya Shiksha Parisar Campus Ambikapur, District- Ambikapur, Chhattisgarh 40 - Jyoti Ratre D/o- Lt. M. R. Ratre Aged About 32 Years R/o- Ho. No. 38/480, Dr. Jayant Rai Gali, Hemunagar, Torwa, Bilaspur, 495004. ---PetitionerS Versus 1 - State Of Chhattisgarh Through - Secretary, Tribal And Schedule Caste Development Department, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - Director Tribal And Schedule Caste Development Department, Indrawati Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 3 - Commissioner Department Of Tribal And Schedule Caste Development, Indrawati Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh Respondent(s) (Cause title is taken from Case Information System) For Petitioners
Legal Reasoning
It is well settled that while promotion is a normal incidence of service and not a fundamental right, but an employee has a right to be considered for promotion. In Union of India and others v. Krishna Kumar and others1, their Lordships of the Supreme Court have clearly held that there is no vested right to promotion, but a right be considered for promotion in accordance with the Rules which prevail on the date on which consideration for promotion takes place, and observed in paragraphs 10, 11 & 12 as under: - “10. In considering the rival submissions, it must, at the outset, be noted that it is well settled that there is no 1 (2019) 4 SCC 319 15 vested right to promotion, but a right be considered for promotion in accordance with the Rules which prevail on the date on which consideration for promotion takes place. This Court has held that there is no rule of universal application to the effect that vacancies must necessarily be filled in on the basis of the law which existed on the date when they arose. The decision of this Court in Y.V. Rangaiah v. J. Sreenivasa Rao2 has been construed in subsequent decisions as a case where the applicable Rules required the process of promotion or selection to be completed within a stipulated time-frame. Hence, it has been held in H.S. Grewal v. Union of India3 that the creation of an intermediate post would not amount to an interference with the vested right to promotion. A two-Judge Bench of this Court held thus: (H.S. Grewal case, SCC p. 769, para 13) “13. … Such an introduction of an intermediate post does not, in our opinion, amount to interfering with any vested rights cannot be interfered with, is to be accepted as correct. What all has happened here is that an intermediate post has been created prospectively for future promotions from Group B Class II to Group A Class I. If, before these Rules of 1981 came into force, these officers were eligible to be directly promoted as Commandants under the 1974 Rules but before they got any such promotions, the 1981 Rules came in obliging them to go through an intermediate post, this does not amount to interfering with any vested rights.”
Arguments
: Mr. R.K. Verma, Advocate For State : Mr. Shangarsh Pandey, GA Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 8 Per, Bibhu Datta Guru, Judge 09/07/2025 Heard. 1. Since, both the petitions involve same facts and grounds, therefore, they are being heard together and decided by this common order. For the sake of convenience, the pleadings and documents of WPS No. 5738/2023 are being referred. 2. The petitioners in the present Writ Petitions has prayed for following reliefs:- “10.1 That, this Hon'ble court may kindly be pleased to issue direction to the respondents authorities to produce all the relevant record relating to the case of the petitioner's before this Hon'ble Court for its kind perusal. 10.2 That, the Hon'ble court may kindly be pleased to quash the notification dated 22/09/2018 (Annexure P/3) whereby amendment has been been brought in Schedule III point no. 9 column 5 and schedule II Point No. 11. column (6) in the Chhattisgarh Schedule Caste and Schedule Tribe Development Subordinate Service (Class -III Non ministerial) Recruitment rules, 2011. 10.3. That the Hon'ble court may be pleased to direct the respondent authorities concerned to consider the candidature of the petitioners for the post of Circle organizer. 10.4. That, this Hon'ble Court be further pleased to grant Such other relief may be deemed fit and proper in the Interest of justice.“ 3. (a) Case of the petitioners is that the petitioners are working on Tribal & Schedule caste development department, State of Chhattisgarh as a Hostel Superintendent grade C & D. Commissioner, 9 Department of Tribal and Schedule Caste Development/Respondent no. 3 invited online application for Departmental recruitment examination on 14.07.2023 for the post of Circle Organizer under the Tribal and Schedule Caste Development department. The online application of said examination has been invited from 18.07.2023 to 07.08.2023. (b) According to the petitioners, the said examination was only for departmental employees, meaning thereby, all the posts were reserved for Clerk Grade -II & III and Hostel Superintendent Grade- D. As per the advertisement, it neither discloses the number of vacant seat, reservation for caste SC, ST, OBC, General and also the seat bifurcation between Male and Female neither the detailed syllabus of the aforementioned examination has been disclosed. (c) According to the petitioners, pursuant to the advertisement for appointment to the post of Circle Organizer, they are not allowed to fill up the online application form because the respondent authorities have demanded necessary qualification of under graduate degree of Anthropology/Sociology/Psychology. 4. Learned counsel for the petitioners would submit that the syllabus given by the respondents in the recruitment examination given added advantage to the candidates who are presently working as Assistant Grade-II & III. He would further submit that respondents have not assigned any reason as to why only streams of Anthropology, Sociology, Psychology, Social Work have been allowed to participate 10 in the recruitment process, whereas all other streams have been neglected. He would further submit that the petitioners are having graduate degree and some petitioners are also having post graduate degree but all of them are unable to apply in the said post. According to the learned counsel, the amendment brought in the recruitment rules is creating hindrance in way of petitioners to reach an executive post, the compulsion of the subject mentioned in the amended rules will debar the petitioners to reach the post of Circle Superintendent. 5. (a) Learned counsel appearing for the State ex-adverso, would submit that in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the rules titled as "Chhattisgarh Scheduled Tribes and Scheduled Castes Development Subordinate Service (Class III Non Ministerial) Recruitment Rules, 2011 have been framed. The said Rules provides for the post of Circle Organizer in the set up which is a Class III Non Ministerial post and there is a provision of filling up 60% of this post through direct recruitment and 40% of this post are to be filled up by way of promotion and out of 40% promotional posts, 15% posts are to be filled up by selection through departmental examination from clerk cadre and 25% posts are to be filled up by selection through departmental examination from Assistant Teacher (b) According to the learned counsel, Schedule III appended to the "Chhattisgarh Scheduled Tribes and Scheduled Castes Development Subordinate Service (Class III Non Ministerial) Recruitment Rules, 11 2011 (henceforth ‘the Rules, 2011’), provides the educational qualification for appointment on the post of Circle Organizer wherein the essential qualification is graduate or its equivalent. Further there is a provision of giving preference to the candidates having Masters degree in Anthropology / Sociology / Psychology / Social Works /Bachelors degree in education. Further, the post of Circle Organizer is a post at Block level and the main duty of the post of Circle Organizer of the department is to promote various schemes aimed on the development of Scheduled Tribes and Scheduled Caste categories and further to encourage the education measures towards upliftment and betterment of the members of the Scheduled Tribes and Scheduled Caste categories and further to ensure proper working of various projects run by the department. (c) According to learned counsel by way of the amendment notification dated 22/09/2018, certain amendments were made in the Rules, 2011 and as per the amendments, Schedule II entry no. 11 was amended and out of total 40% promotional posts of Circle Organizer, a provision has been made that 15% posts would be filled up from the Clerk cadre and rest 25% posts would be filled up by the Hostel Superintendent Grade D through limited departmental examination. Further, amendment has been made in Schedule III entry no. 9 column no. 5 by which the essential educational qualification for the post of Circle Organizer has been fixed at graduate or equivalent degree in Anthropology/Sociology/Psychology an further preference has been given to the candidates having PG degree in the above mentioned 12 subjects. (d) He would submit that as far as the challenge to the constitutionality and validity of the amendment in the Rules is concerned, the same has no force as the amendments which have been carried out by virtue of notification dated 20/09/2018, have been made taking into the account the nature of the job and duties performed by the Circle Organizer. Therefore, the challenge made by the petitioners in the present petitions are not tenable and the same is liable to be dismissed. 6. We have heard learned counsel for the parties and perused the pleadings. 7. For the sake of convenience, it would be appropriate to reproduced the relevant portion of the notification dated 22/09/2018 (Annexure P/3) whereby amendment has been been brought in Schedule III point no. 9 column (5) and schedule II Point No. 11. column (6) in the Chhattisgarh Scheduled Tribes and Scheduled Castes Development Sub-ordinate Service (Class -III Non ministerial) Recruitment Rules, 2011:- Schedule-II (See Rule- 6) Chhattisgarh Subordinate Service Class-III Non-Ministerial Scheduled Castes & Scheduled Tribes Development Department S.I. Name of Post Total number of Percentage of number of duty post to be filled in By Promotion of By By Transfer of direct included in duty posts recruitment member of service persons from service rule 6(1) (a) rule 6 (1) (b) other service rule 6 (1) (c) (1) (2) (3) 13 (4) xxxx xxxxx xxxxx II- Executive - xxxx xxxxx xxxxx (5) (6) xxxxx xxxxx 11. Circle 85 60% 40% Promotion Organizer Quota:- 15% by Selection through departmental Examination from clerk cadre (Asst. grade 02 & 03) 25% by selection through departmental Examination from Assistant Teacher by departmental examination Schedule-III (See Rule- 8) Name of Name of Post Minimum Upper age limit Educational qualification Department (1) age limit (3) (2) prescribed (4) (5) Schedule Caste and Schedule Tribe Development Department xxxx xxxxx xxxxx II- 9. Executive - xxxx Circle Organizer xxxxx 21 xxxxx xxxxx xxxxx 30 (for local Graduate or its equivalent residents 35) preference will be given to candidates having Masters Degree in Anthropology /Sociology/ Psychology/ Social works/Bachelors degree in education. Preference means if the marks obtain in written Exam./ Interview is equal then 14 the candidate having Masters Degree in Anthropology /Sociology/ Psychology/ Social works/Bachelors degree in education is given Preference in Appointment. In case of equal marks with above said qualification then a candidate given preference whose birth date follows earlier. 8. Whether an employee has a right to be promoted or not depends on the statutory rules governing his service or the terms of the contract of service or executive instructions as the case may be. If the rules or the contract of service etc. provide or indicate that promotion is to be made on an assessment of the merits of the candidate, then the candidate has only a right to be considered for promotion as distinguished from the right to be promoted. 9.