JUDGMENT 1. The petitioners are working in the Directorate of Indian System of Medicine and are serving as Nursing Orderlies borne on District cadre Jammu. They were so appointed in the year 1998. 2. It is the grievance of the petitioners that despite the fact that they have been serving as Nursing Orderlies for the last more than 20 years, they have not been further promoted to the posts of Jr. Pharmacist, though they hold the requisite qualification i.e. Matriculation and Diploma in ISM. 3. The respondents have filed their objections and have taken a clear stand that till the year 2013, the post of Dawasaz (now Jr. Pharmacist) was being filled up 100% by way of direct recruitment. However, in the year 2013, 20% quota was earmarked for promotion from amongst the eligible Nursing Orderlies/ Class-IV employees. It is further submitted that in the year 2017, the Departmental Promotion Committee was convened for making promotion of eligible Nursing Orderlies/Class-IV employees of ISM Department in various Districts of J&K State and, accordingly, as many as 23 eligible Nursing Orderlies belonging to different Districts (except Districts Jammu and Samba) were promoted. The eligible candidates in the District of Jammu, however, could not be promoted due to non-availability of vacancies in the promotion quota. It is submitted that in the year 2017, all available vacancies including those belonging to promotion quota had inadvertently been referred to J&K SSB for selection. It is further pleaded that with a view to give promotion quota to the eligible Nursing orderlies/Class-IV employees, the matter was taken up by respondent No.2 with J&K SSB for withdrawal of four posts so that the eligible Nursing Orderlies /Class-IV employees working in Jammu District are given their due. J&K SSB, however, did not accommodate respondent No.2 on the ground that the vacancies referred to it had already been advertised and were at different stages of selection. 4. Having heard learned counsel for the parties and perused the record, I am of the view that the petitioners, if eligible, cannot be denied consideration for promotion to the posts of Jr. Pharmacist against the vacancies earmarked for promotion quota. The eligibility of the petitioners for promotion has not been seriously disputed by the respondents. What is, however, submitted by the respondents is that the petitioners and other eligible candidates could not be considered for promotion to the posts of Jr. Pharmacist against the vacancies earmarked for promotion quota. The eligibility of the petitioners for promotion has not been seriously disputed by the respondents. What is, however, submitted by the respondents is that the petitioners and other eligible candidates could not be considered for promotion to the posts of Jr. Pharmacist due to non-availability of posts. The respondents do not deny that 20% of the posts of Jr. Pharmacist are earmarked for promotion and are required to be filled up from eligible Nursing Orderlies/Class-IV employees serving in particular District. It is though the stand of the respondents that 20% quota earmarked for promotion of Nursing Orderlies/Class-IV employees in ISM was only one time exception and the same has been exhausted in almost every District except Districts of Jammu and Samba. 5. Be that as it may, the petitioners cannot be denied the right of consideration to the posts of Jr. Pharmacist and the fact that in the year 2017, the posts which were earmarked for promotion quota had been inadvertently referred to JKSSB cannot be an excuse to deny such consideration. Otherwise also, as per the information submitted by the office of respondent No.2 in response to an application moved by the petitioners under RTI Act, it is clearly borne out that at least three posts, apart from the posts which have been referred to JKSSB, are lying vacant and the same can be filled up by according promotion to the eligible Nursing Orderlies/Class-IV employees. Otherwise also, J&K SSB when requested by the respondents is bound to release the posts of Jr. Pharmacist earmarked for promotion quota which had inadvertently been referred in the year 2017. 6. Keeping in view the totality of circumstances, this petition is allowed and a direction is issued to respondent No.2 to convene a DPC at the earliest to consider the cases of all eligible Nursing Orderlies/Class-IV employees including the petitioners for promotion to the posts of Jr. Pharmacist. The consideration of petitioners and other eligible candidates would be against the three posts of Jr. Pharmacists presently lying vacant in the District cadre Jammu and if need be by withdrawing four posts of Jr. Pharmacist from J&K SSB. Needless to say that on the request, if any, made by respondent No.2, J&K SSB shall release at least four posts of Jr. Pharmacist which admittedly belong to promotion quota. Pharmacists presently lying vacant in the District cadre Jammu and if need be by withdrawing four posts of Jr. Pharmacist from J&K SSB. Needless to say that on the request, if any, made by respondent No.2, J&K SSB shall release at least four posts of Jr. Pharmacist which admittedly belong to promotion quota. Let the whole exercise, culminating into issuance of formal orders of promotion, be completed by respondent No.2 within period of six weeks from the date a certified copy of this order is made available to him. It is made clear that while according consideration to the petitioners and other eligible candidates for promotion, the parameters which were adopted by the respondents while making promotion in other Districts shall be adhered to. 7. Disposed of as above along with connected application(s).