27th August, 2026 (D/L No.05) Ct. No.4 (SKB) W.P.S.T. 49 of 2026 Paritosh Mridha Versus State of West Bengal and others Mr. Partha Sarathi Bhattacharjee, Sr. Adv., Mrs. Sarda Sha, Mrs. Dipasree Dey … for the petitioner. Mr. Piyush Chaturvedi, Sr. Adv., Mr. Suman Banerjee … for the State. 1. Heard the learned senior advocates for the parties. 2. The applicant/writ petitioner working as a Superintending Engineer was awaiting the promotion from the post of Superintending Engineer (Civil), Municipal Engineer Directorate (hereinafter referred to as the Superintending Engineer) to the post of Additional Chief Engineer (hereinafter referred to as the “ACE”), in the Municipal Engineer Directorate. 3. Promotion was proposed by the Authorities by three communications dated 14.12.2021, 31.05.2022 and 06.07.2022. The first proposal was for filling up two posts of ACE. The second proposal dated 31.05.2022 was for filling up three vacant posts. On 06.07.2022, the 2 Department was of the opinion that four proposed vacancies on the post of ACE were to be filled up by way of promotion. 4. Pursuant to such decision, the claim of the eligible persons was considered. The proposed four vacancies coincided with roaster point 14th, 15th, 16th and 17th of the 50 point roster prepared by the department wherein the 14th post was earmarked as unreserved (UR). The 15th post was earmarked for SC category. The 16th and 17th post thereafter were earmarked for UR category. 5. Facts are not in dispute that one Chitta Ranjan Barman, a member of the SC category, was the senior most in the seniority list of Superintending Engineers on the date of consideration. He was thus promoted by virtue of his seniority/ merit against an unreserved post falling at roaster point 14, of 50 point roster. 6. The 15th vacancy for reserved (SC category), was made available to the next SC category candidate in the seniority list, namely, one Sri Samarendra Nath Das. The next post falling in the unreserved category at roaster point 16th (UR) was filled up by giving promotion to one Kingsuk Roy, who indisputably was above the 3 present writ petitioner in the seniority list. These three posts were filled up by a notification dated 18.07.2022. 7. The fourth vacant post falling in the unreserved category was filled up by a notification dated 11.10.2022 whereby and whereunder one Smt. Saheli Choudhuri, who was also above the writ petitioner in the seniority list. 8. The learned senior advocate for the writ petitioner submits that by way of an amendment to “The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Rules, 1976” (hereinafter referred to the “1976 Rules”), one sub-Rule (b) of Rule 10 was substituted, which contemplates: “If a candidate from the Scheduled Castes or the Scheduled Tribes obtains promotion on the basis of merit with due regard to seniority, his promotion shall be made against unreserved vacancy and reserved vacancies shall be filled up by selecting candidates from the remaining Scheduled Castes or Scheduled Tribes candidates irrespective of merit but who are within the normal zone of consideration and are considered fit for promotion: Provided that for the purpose of fitness, all Scheduled Caste and Scheduled Tribe employees who are within the normal zone of consideration for promotion to higher posts shall be given one grading higher than the grading assigned to them on the basis of their record of service excepting in those cases where it has already been accorded: Provided further that the number of Scheduled Caste or Scheduled Tribe employees appointed on promotion to any unreserved vacancy in a service or post in any establishment to be filled up by promotion shall not be deducted from the quota reserved in such service or post for promotion for the members of the Scheduled Castes or Scheduled Tribes.” 4 9. Referring to this provision, it is his submission that the person above the writ petitioner, namely, Samarendra Nath Das should have been accommodated against an unreserved vacancy, paving the way for petitioner’s promotion against the next post reserved for (SC), falling at roaster point number 15. He submits that the authorities have not complied with the Sub-Rule (b) of Rule 10 of the 1976 Rules and, therefore, the petitioner has been deprived of his due promotion as a scheduled caste candidate. 10. It is also submitted that the authorities have undertaken the exercise of promotion by issuing two separate notifications dated 18.07.2022 and 11.10.2022, which is impermissible. On account of the process being bifurcated, the notifications granting the promotions are liable to be quashed/ set aside. 11. The learned senior advocate for the State submits that the authorities have proceeded with the promotional exercise in accordance with law. The various candidates have been considered based on their seniority at the Superintending Engineer level on the basis of the seniority list wherein Chitta Ranjan Barman was at serial no.36, Kingsuk Roy at serial no.37. The persons at serial numbers 38 and 39 had 5 retired leaving one Mr. Samarendra Nath Das and Smt. Saheli Choudhuri as the next two candidates above the writ petitioner, who was at serial number 42 in the seniority list. 12. Chitta Ranjan Barman being member of the SC category was promoted against the vacancy meant for unreserved category falling at roaster point 14, by virtue of his merit. 13. Though Kingsuk Roy was at serial No. 37 above Samarendra Nath Das, at serial No. 40 in the seniority list of Superintending Engineer, Kingsuk Roy was not considered for promotion since the next vacancy occurred against a reserve category SC at roaster point 15. Therefore, Samarendra Nath Das, the next available SC candidate was considered and granted the promotion. 14. The next available vacancy for unreserved category was at roaster point no.16, which was filled up by one Sri Kingsuk Roy based on merit who was at serial number 37 in the seniority list. Smt. Saheli Chaudhary at serial number 38 was next in seniority under the unreserved category, above the writ petitioner at serial/ seniority position No. 41 in the seniority list. Therefore, she was considered for promotion before the writ petitioner and granted the promotion to the 6 post of ACE against the 17th post falling in the roaster point vacancy meant for unreserved category. 15. Therefore, there was no infirmity whatsoever committed by the authorities, in exercise of filling up the four proposed vacancies. 16. He further submits that the vacancies were proposed by three different communications. Therefore, the process was concluded by issuing of two notifications dated 18.07.2022 and 11.10.2022. Whether the notifications were issued separately or together, it would make no difference since the promotions were granted based on the position in the seniority list and against the vacancies earmarked for the various categories in the 50 point roaster as per seriatum. 17. We have considered the rival submissions. 18. It is apparent from the seniority list that the four persons granted promotion were all above the present writ petitioner in the seniority list of Superintending Engineers based on which the promotional exercise was undertaken. Amongst these four vacancies proposed to be filled up, the vacancy at roaster point number 15 was reserved/earmarked for SC category. 7 Sri Chitta Ranjan Barman though an SC category candidate, did not occupy this roaster point, since by virtue of merit/seniority, he was promoted against the UR vacancy occurring at the roaster point 14. The next SC category candidate above the petitioner and below Chitta Ranjan Barman was one Sri Samarendra Nath Das. Though he was junior in the seniority list to Kingsuk Roy, but he was promoted against the next/ 15th roaster point vacancy earmarked for his reserved category (SC). 19. The two roaster points thereafter were meant for unreserved at serial numbers 16 and 17 which were filled up by candidates higher in merits/seniority to the writ petitioner in the seniority list of Superintending Engineers, namely, Sri Kingsuk Roy and Smt. Saheli Choudhuri. 20. Under these circumstances, we find no scope for the petitioner to contend that there was any infirmity in the promotional process. Sri Samarendra Nath Das was granted promotion by giving a benefit of reservation since he was below another candidate, Kingsuk Roy, who otherwise would have been promoted at sl. 15th vacancy if there was no reservation for SC category at the 15th roaster point, in the 8 50 point roaster. Therefore, the sole vacancy occurring for SC candidates in the four posts proposed to be filled up and filled up was made available to Samarendra Nath Das. 21. There is no basis to contend that he should have been promoted at roaster point 14 meant for UR category since the post was filled up by another SC candidate by virtue of his merit/ seniority, namely, Chitta Ranjan Barman, above the petitioner and Sri Samarendra Nath Das, in the seniority list. 22. The provision in the 1976 Rules relied upon by the learned senior advocate for the writ petitioner does not enure to the petitioner’s benefit. The rule position and the proposition of law emanating therefrom is undeniable. It is a settled law by now that there is no reservation in UR category. A UR category is open to be filled up by virtue of merit by a candidate irrespective of her/his belonging to a reserve category. 23. In this connection, we consider it apposite to refer to paragraph 811 of decision of the Apex Court in the case of Indra Sawhney and Others v. Union of India and Others reported in (1992) Supp 3 SCC 217 which reads: 9 “811. In this connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that some members belonging to, say, Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes; they will be treated as open competition candidates.” 24. The law, however, would apply in a situation where a person by virtue of his merit is eligible to occupy an unreserved category post. There is no material brought to the notice of this court based on which the court can consider Sri Samarendra Nath Das (SC category candidate) to be above Sri Kingsuk Roy in merit so as to give him a promotion against the next unreserved category post at roaster point 15, by depriving Kingsuk Roy. Also there is no other post available in UR category above roaster point 15, on which Samarendra Nath Das could have been considered since the UR vacancy at serial number 14 was already filled up by another SC category candidate Sri Chitta Ranjan Barman, by virtue of his merit/seniority. 25. The Rule, therefore, does not support the writ petitioner’s claim for promotion in any way. 26. In so far as the two notifications dated 18.07.2022 and 11.10.2022, notifying the promotion in parts, the learned senior advocate for the writ petitioner could not point out any provision to show that it was impermissible, or 10 that any prejudice was caused to the petitioner by such exercise. It is not the case of the petitioner that the two notifications issued about three months apart notifying the promotions against the four proposed vacancies has in any way upset his claim based on merit/ seniority, in the seniority list of Superintending Engineers; or that it has in any way upset the roaster point. 27. Further, we have referred to the above three different communications dated 14.12.2021, 31.05.2022 and 06.07.2022, whereby the four vacancies were proposed in parts. There being no prejudice caused otherwise to anyone in the process, we find no force in the submission that issuance of two notifications for promotion suffers from any illegality. 28. We are not inclined to accept the issuance of the two notifications would in any way vitiate the promotional process requiring quashing of the two notifications. 29. We find that no case is made out by the writ petitioner for grant of the relief of quashing of these notifications of promotion or for issuing a direction to the authorities to promote the petitioner to the post of ACE. The writ petition is devoid of merit and is dismissed. 11 30. In view of dismissal of the writ petition, the pending O.A. bearing No.585 of 2024 before the West Bengal Administrative Tribunal would serve no useful purpose and would be futile. We, therefore, disposed of the O.A. in the same terms. Copy of this order be forwarded to the registry of the Tribunal for information in this regard. 31. The learned senior advocate for the writ petitioner submits that there are more vacancies to be filled up to the post of ACE by way of promotion to which the petitioner is entitled. 32. This claim in the realm of future, needless to say would be considered as per the petitioner’s merit in accordance with law, as and when the occasion arises. The same does not call on the court at this juncture to make any comment in this regard. (Madhuresh Prasad, J.) (Partha Pratim Roy, J.)