JUDGMENT : Ajay Mohan Goel, J. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “1. That the impugned order dated 02/07/2025 Annexure P5 and P6 may kindly be set aside and quashed. 2. That by way of writ of certiorari the action of the respondent no. 2 where vide Annexure P5 strar and P6 the Junior Persons to the petitioner has been promoted to the post of Assistant Engineer (Civil) while the petitioner has been ignored without assigning any reason may kindly be set aside and quashed and by way of writ of mandamus respondent no. 2 may be given direction to promote the petitioner to the post of Assistant engineer (civil) w.e.f. 02/07/2025 when junior person (respondent no. 3 and 4) were given promotion with all consequential benefits flowing there from.” 2. The case of the petitioner is that he was appointed as a Supervisor on a daily wage basis with the respondent- Corporation in the year 1988. At the relevant time, he was possessing the qualification of a 2 years Diploma from ITI Institute Samshi, District Kullu, in the trade of Building Construction. After completion of 10 years of daily basis service, the services of the petitioner were regularized on 01.01.1999. Thereafter, he was promoted against the post of Junior Engineer (Civil), vide order dated 13.11.2013 (Annexure P-1). According to the petitioner, the next promotional post from the post of Junior Engineer is that of Assistant Engineer. His grievance is that in terms of Annexure P-5 and Annexure P-6, dated 02.07.2025, the private respondents, who are junior to him as Junior Engineer, stand promoted against the post of Assistant Engineer on the recommendations of the Departmental Promotion Committee, whereas, he has been arbitrarily ignored, despite the fact that he was fully eligible for promotion against the post of Assistant Engineer, as per the Recruitment and Promotion Rules in vogue, as on the date when the DPC was convened. 3. Learned counsel for the petitioner argued that the DPC for promotion to the post of Assistant Engineer was convened in the year 2025 and the Rules in vogue governing promotion to the post of Assistant Engineer, were the Recruitment and Promotion Rules, 2002, notified by the Public Works Department, as amended vide Notification dated 15.10.2005, which Rules were being followed by the respondent-Corporation. Learned counsel submitted that in terms of the prevailing Rules, copy whereof is appended with the petition at Page No.45 of the paper book, a Junior Engineer (Civil), having 7 years of regular service or regular combined with continuous ad-hoc service in the grade, was, inter alia, eligible for promotion. Learned counsel argued that the petitioner, on inquiry, was informed that the DPC did not consider him eligible for promotion against the post of Assistant Engineer as he was not possessing the qualification of a Diploma or Degree in Civil Engineering, so as to render him eligible for promotion to the said post. Learned counsel argued that the rejection of the candidature of the petitioner on this count is, prima facie, bad and not sustainable in the eyes of law, because there was no condition in the Recruitment and Promotion Rules prevailing at the relevant time governing promotion to the post of Assistant Engineer that only those Junior Engineers (Civil) were eligible for promotion under the 45% quota, who were either Degree holders or Diploma holders. Learned counsel thus argued that as rejection of the candidature of the petitioner is in violation of the Recruitment and Promotion Rules, the promotion of private respondents be held to be bad in law and the act of the respondents of not considering the petitioner for promotion be also declared to be bad in law and respondents be directed to promote the petitioner from the due date as Assistant Engineer (Civil). 4. On the other hand, the stand of the respondent- Corporation is that the Recruitment and Promotion Rules for the post of Assistant Engineer (Civil) were framed by the Corporation on the analogy of HPPWD in the year 1997 and as per Notifications dated 12.11.1997 and 09.04.1997, issued by the respondent-Corporation, it was provided in Column No.21 and Column No.3 of the Notification that the Rules were adopted on HPPWD pattern and whenever amendments are made in the relevant Rules by the HPPWD, the same shall be automatically applicable to the Corporation also. It is further the stand of the Corporation that as per the Recruitment and Promotion Rules for the post of Assistant Engineer (Civil), dated 30.05.2002, appended with the reply as Annexure R-2/7, 30% of the posts of Assistant Engineer (Civil) were to be filled up by way of direct recruitment, whereas, 70% were to be filled up by way of promotion from amongst Junior Engineers. From this quota of promotees, a Junior Engineer (Civil) having 7 even years of regular or regular combined service with continuous ad-hoc service in the grade and unqualified Junior Engineer (Civil) with at least 15 years of regular or regular combined with continuous ad-hoc service up to the cut-off date, were eligible for promotion to the post of Assistant Engineer. Thereafter, in the year 2004, the Rules were amended and the quota fixed for direct recruitment was decreased to 25% and that of promotees was increased to 75%. Thereafter, on 15.10.2005, the Recruitment and Promotion Rules of the post of Assistant Engineer (Civil) were again amended with respect to Column No.11(a), vide which, the provision regarding promotion of unqualified Junior Engineer (Civil) was deleted. According to the respondent-Corporation, after the deletion of the promotional quota of unqualified Junior Engineer (Civil), Column No.11(i), of the Recruitment and Promotion Rule for the post of Assistant Engineer, stood amended and in terms thereof, a Junior Engineer (Civil) having 7 years of regular or regular combined service with continuous ad-hoc service in the grade, was eligible for promotion up to 45% of the quota of promotees and because in terms of these Rules, the petitioner was not eligible for promotion to the post of Assistant Engineer, as he was an unqualified engineer lacking either a Diploma or Degree in Civil Engineering, he was rightly not recommended by the DPC for promotion. 5. Learned counsel for the respondent-Corporation submitted that in terms of the stand taken by the respondent- Corporation in the reply, as it is evident that after the amendment incorporated in the Recruitment and Promotion Rules, an unqualified Junior Engineer (Civil) was excluded from the zone of promotion, the petitioner was not eligible for promotion to the post of Assistant Engineer and was rightly not considered for promotion. He argued that as the petitioner was not eligible for promotion as he was lacking the basic qualification being an unqualified Junior Engineer, he can have no grievance with regard to the promotion of the private respondents. He further argued that in this backdrop, as there was no merit in the petition, the same was liable to be dismissed. 6. Learned counsel appearing for respondents No.3 and 4 adopted the arguments of the learned counsel for the Corporation and also submitted that otherwise also, as the said respondents were promoted under a different quota, their promotions cannot be assailed by the petitioner. 7. In rebuttal, learned counsel for the petitioner reiterated that the Recruitment and Promotion Rules, which were in vogue as on the date when the DPC met, did not envisage any such rider that under the 45% quota of promotion only, a Diploma holder Junior Engineer or a Degree holder Junior Engineer was eligible for promotion. He referred to the Rules again and submitted that in terms of these Rules, every Junior Engineer (Civil) with 7 years service was eligible to be considered for promotion under 45% quota and the disqualification being pointed out by the respondents was not mentioned in the Recruitment and Promotion Rules. 8. This Court had requisitioned the record, which was made available for the perusal of the Court by the learned counsel for the Corporation. A perusal of the original record demonstrates that the DPC was convened on 21.05.2025 and the contents thereof are being reproduced hereinbelow for ready reference:- “MINUTES OF THE MEETING OF THE DEPARTMENTAL PROMOTION COMMITTEE (DPC) HELD ON 21.05.2025 TO CONSIDER AND OFFER ITS RECOMMEDATIONS FOR PROMOTION TO THE FILLING UP OF VACANT POSTS OF ASSISTANT ENGINEER (CIVIL). The Meeting of Departmental Promotion Committee (DPC) consisting of Superintending Engineer, Sr. Manager (Genl.) and Executive Engineer (Civil) of HPSIDC was held on 21.05.2025 under the Chairmanship of Superintending Engineer for considering and making recommendations for filling up the vacant posts of Assistant Engineer (Civil) in Level-18 of the Pay Matrix of Rs.56,100-1,77,500/- by promotion out of the eligible officials of Junior Engineer (Civil) in Level-11 of the Pay Matrix of Rs.38,500-1,22,700/- having requisite qualification as per the provisions of the R&P Rules. The DPC considered the Memorandum dated 15.05.2025 placed before its and noted that there are 04 posts of Assistant Engineer (Civil) in Level-18 of the Pay Matrix of Rs. 56,100-1, 77,500/- lying vacant out of which two vacant posts proposed to be filled up as per provisions of R&P Rules of the posts of Assistant Engineer (civil) of HP PWD as notified from time to time as indicated below:- i) Jr. Engineer (Civil) having 7 years regular or regular combined with continuous adhoc service in the grade .... 45% ii) Jr. Engineer (Civil) who acquire AMIE or its equivalent degree during service as Junior Engineer (Civil) having 3 years regular service or regular combined with continuous adhoc service in the grade  10% iii) Jr. Engineer (Civil) who possess degree in Civil Engineering or its equivalent at the time of appointment as Junior Engineer (Civil) having 3 years' regular service or regular combined with continuous adhoc service in the grade  14% iv) Junior Engineer (Civil) who possess recognized Post Graduate Degree in Civil Engineering having 3 years regular service or regular combined with continuous adhoc service in the grade of Junior Engineer (Civil). 1% v) Planning Assistants having three years' regular service or regular combined with continues adhoc service rendered, if any, in the grade failing which by promotion from amongst the Planning Assistants having five years regular service or regular combined with continuous adhoc service as Planning Assistant. Circle Head Draughtsman and Head Draughtsman combined out of which one year service rendered as Planning Assistant must be essential. 4% vi) The Draughtsman cadre (which include Junior Draughtsman/Draughtsman/Head Draughtsman/Circle Head Draughtsman/Planning Assistant) who possess the Qualification of AMIE or its equivalent qualification and having 10 years combined regular service in the cadre of Draughtsman or regular combined with continuous adhoc service rendered, if any, in the cadre failing which by promotion from amongst the category mentioned in Column No. 11(V) above...01% As per provisions of R&P Rules of the Assistant Engineer (Civil) vide Column No11 (i) and (iii), 01 vacant posts shall be filled up from the eligible incumbents of the following categories :- 1) 01 post from Diploma category from amongst available eligible incumbents as per provision contained in Column No.11 (i). 2) 01 posts from Graduate category Le. against provisions contained in Column No. 11(iii). 2) 01 posts from Graduate category Le. against provisions contained in Column No. 11(iii). Further, the DPC has been observed that there is/will be no incumbent available in the Corporation having AMIE Degree, and also there exist no cadre of Planning Assistant and none is eligible from the Draughtsman cadre, the decision for filling up of the remaining 02 available post will be taken separately by the Corporation. DPC perused the existing instructions and observed that Junior Engineers are not required to pass the Departmental Examination for further promotion to the post of Assistant Engineer (Civil). Thereafter, the DPC perused the seniority list of Junior Engineers and noted that at present there are 12 incumbents working as Junior Engineers, out of which 02 Junior Engineer at Sr. 182 have possess two years NTC in the trade of Building Construction & D/Man (Civil). These incumbents have though completed more than 07 years' service in the grade, but are not covered under the provisions of R&P Rules for further promotion to the post of Assistant Engineer (Civil), as mentioned above. It is also clear that the provision contained at Column No. 11 (i) of the R&P Rules for the post of Assistant Engineer (civil), as lexplained above, are made to the Junior Engineer (Civil) appointed directly to such posts and cannot be made applicable to the promote Junior Engineer (Civil). The incumbent  as  Sr. No.  3  having  Diploma  in  Civil Engineering has completed 07 year regular service and is eligible for consideration. Similarly, as per seniority list of Junior Engineer (Civil), there are other Junior Engineers (Civil) at Sr. No. 4 to 8 & 10 who possess Degree in Civil Engineering or its equivalent at the time of appointment and have completed required three years regular service in the grade. As per instruction of the State Govt. for promotion against one selection post, a panel of three officials of the feeder category are to be considered on seniority basis as such the incumbent at Sr.4,5& 6 are eligible for consideration for the promotion to the post of Assistant Engineer (Civil) and their consideration is, however, subject to availability of vacancy(s) as per prescribed percentage and in order of their seniority. The candidate at Sr. No.11&12 does not possess the required length of service, hence ineligible. The candidate at Sr. No.11&12 does not possess the required length of service, hence ineligible. The DPC also perused the Recruitment & Promotion Roster prescribed in the R&P Rules and noted that one post of Assistant Engineer (Civil) at Sr. No. 19th is earmarked for Direct Recruitment and two posts at Sr. No. 20 &21 are earmarked for the category (i). Since the Corporation has already filled up the two posts meant for Direct Recruitment quota of 25% and also filled up two posts by promotion from the category (i). Hence, the vacant posts shall be filled up as per prescribed percentage as mentioned above. Further, as per the Reservation Roster, the posts are being filled up at point No.910 which are earmarked to the General category As per the instruction issued by the DOP vide Office Memorandum dated 27th Feb., 2016 and amended on 21.03.2016, the candidates are to be assessed on bench mark basis. Since, the post of Assistant Engineer (Civil) carries grade pay of Rs.5400/-(Pre-Revised) therefore, the candidates who are graded as "Good" by the DPC or above, will be fit for promotion. However, attaining at least 04 bench marks grading out of 05 APARs should be assessed as "FIT". The candidates, who will be graded "FIT" by the DPC, shall be included and arranged in the select panel in order of their inter-se-seniority in the feeder grade. Those officials, who are graded "unfit" by the DPC, shall not be included in the select panel. Thus, there shall be no supersession in promotion among those who are graded "Fit" by the DPC. Further, during the meeting of DPC, one member i.e. Senior Manager (General) is of the opinion that the incumbents appeared at Sr.No 1& 2 in the common seniority list of Junior Engineer (Civil) i.e. S/Shri OM Parkash Bhardwaj and Kewal Ram being senior may be taken into the zone of consideration for the promotion to the post of Assistant Engineer(Civil) though they did not possess the qualification of Diploma/Degree in Civil Engineering, since they have completed more than 10 years service as Junior Engineer (Civil) and possess two years NTYC in the trade of Building Construction and D/Man respectively. Further, the Sr. Further, the Sr. Manager (General) did not agree that the provision of promotion for unqualified Junior Engineer (Civil) was deleted vide amended R&P Rules Notification dated 15.10.2005 and recommended that clarification may be sought from the Government in this case. However, two members of DPC i.e. Superintending Engineer (Chairman) and Executive Engineer (Civil) (HQ) have observed and agreed that the provision regarding promotion of the unqualified Junior Engineer (Civil) to the post of Assistant (Civil) were deleted as per clarification received from Public Works Department vide letter No.PBW-AB0 (15)/10/2024 dated 18.05.2024 (copy enclosed) wherein it has been clearly informed that the promotion of unqualified Junior Engineer (Civil) were deleted vide amended R&P Rules Notification dated 15.10.2005. Apart from this aspect, it has also been observed that unqualified Junior Engineers of the HPPWD had already filed CWP before the Hon'ble High Court for seek the provision for promotion to the Assistant Engineer (Civil) and promotion only Diploma/AMIEA/Graduate/Design Engineers/JDM (AMIE) are being made by the HPPWD subject to the final outcome of petitions which may kindly evident from the Notification No. PWD-A-B(2)-3/2023 Part-I dated 03.01.2024 and Notification No. PBW-A-B/2/2024 dated 05.03.2025 (copy enclosed). Moreover, two members also opined that the proposed promotion Junior Engineer (Civil) to the post of Assistant Engineer (Civil) is being made under the prescribed quota contained vide column No.11 (i) and 11 (iii) of the R&P Rules for the post of Assistant Engineer (Civil). However, in case the unqualified Junior Engineers (Civil) are to be considered for promotion against the two available vacant posts, then the Corporation has to made specific provision in the R&P Rules and seek relaxation from the component authority i.e. Board of Directors in consultation with the State Government. Accordingly,  two  members,  S.E.  (Chairman) Executive Engineer (Civil)(HQ), after perusing the ACRs of the officials of the last five years which are, the DPC drew the merit and found as "V.Good" which is enclosed as forming part of these proceedings. The DPC further noted that no Vigilance/Departmental Inquiry is pending against any officials who fall under the zone of consideration. The DPC after perusing the service record, ACRS, R&P Rules/seniority lists, Roster and State Govt. The DPC further noted that no Vigilance/Departmental Inquiry is pending against any officials who fall under the zone of consideration. The DPC after perusing the service record, ACRS, R&P Rules/seniority lists, Roster and State Govt. instructions as referred above recommended the name of Shri Khem Raj, Junior Engineer (Civil) (Diploma holder) and Shri Piyush Thakur, Junior Engineer (Civil) (Degree holder) for promotion to the post of Assistant Engineer (Civil) in Level-18 of the Pay Matrix of Rs.56,100- 1,77,500/- on regular basis, subject to the final outcome of the following petitions:- (i) LPA No141 of 2023 in CWPO No. 2705/2019 titled Vinay Kumar Vis HPSIDC Ltd. filed in the Hon'ble High Court of Himachal Pradesh. ii) CWP No. 6230/2020 titled as Apil Kanungo Vs State of HP & others. iii) CWP No.6440/2022 titled as Kapil Sharma & others Vs State of HP and another. (iv) CWP No.8095/2021 titled as Rajiv Bisht Vs. State of HP & Ors.. The DPC also recommended that above mentioned officials may be kept on probation for a period of two years.” 9. Thus, as per the minutes of the Departmental Promotion Committee, when the DPC was convened, there were two posts of Assistant Engineer available, out of which, one post was falling to the share of the Diploma category under Column No.11 (i) of the Recruitment and Promotion Rules and the other post was falling to the Graduate category under Column No.11 (iii) of the said Rules. It is further mentioned in the minutes that for the purpose of promotion against the post of Assistant Engineer under Clause 11 (i), the incumbents appearing at Sr. No. 1 and 2, were S/Shri Om Prakash Bharadwaj, i.e., the petitioner and Kewal Ram, though were senior, however, they were not possessing the qualification of Diploma/Degree in Civil Engineering, though they had completed more than 10 years service as Junior Engineer (Civil) and were possessing 2 years NTYC in the Trade of Building  Construction  and  Draftsman,  respectively. No. 1 and 2, were S/Shri Om Prakash Bharadwaj, i.e., the petitioner and Kewal Ram, though were senior, however, they were not possessing the qualification of Diploma/Degree in Civil Engineering, though they had completed more than 10 years service as Junior Engineer (Civil) and were possessing 2 years NTYC in the Trade of Building  Construction  and  Draftsman,  respectively. It  was further mentioned in the minutes that Senior Manager General did not agree that the provision of promotion for unqualified Junior Engineer (Civil) was deleted vide amended Recruitment and Promotion Rules Notification dated 15.10.2005 and recommended that clarification may be sought from the Government in the case, but two Members of the DPC, i.e., Superintending Engineer, Chairman and Executive Engineer (Civil), Head Quarter, observed and agreed that the provision regarding promotion of the unqualified Junior Engineer (Civil) to the post of Assistant Engineer (Civil) was deleted as per clarification received from Public Works Department, wherein, it was clearly mentioned that the provision of promotion of unqualified Junior Engineer (Civil) was deleted vide amendment carried out in the Recruitment and Promotion Rules, dated 15.10.2005. 10. Primarily, on this reasoning, the DPC ignored the petitioner for promotion to the post of Junior Engineer (Civil) under Clause 11 (i) and it recommended the name of Shri Khem Raj, Junior Engineer (Civil), who was holding a Diploma, in Civil Engineering. 11. The Rules which were in vogue as on the day when the DPC was convened, stand incorporated in the minutes of the meeting, which are quoted in the DPC proceedings. A perusal of the same demonstrates that as amongst 75% of the posts of Assistant Engineer, which were to be filled in by way of promotion, 45% posts were to be filled in from amongst Junior Engineer (Civil) having 7 years regular or regular combined with continuous ad-hoc service in the Grade. 12. Now, in these two lines, there is no mention that this quota was confined only to those Junior Engineers (Civil), who besides having 7 years of regular service or regular combined with continuous ad hoc service in the grade were possessing Diploma or Degree in Civil Engineering. 13. 12. Now, in these two lines, there is no mention that this quota was confined only to those Junior Engineers (Civil), who besides having 7 years of regular service or regular combined with continuous ad hoc service in the grade were possessing Diploma or Degree in Civil Engineering. 13. The plain and simple reading of the provision of the Recruitment and Promotion Rules leads only to one and only conclusion that every Junior Engineer (Civil) having 7 years regular or regular combined with continuous ad-hoc service in the Grade, was eligible for promotion. There is no mention therein qua unqualified Junior Engineers and qualified Junior Engineers. There is no mention therein as to who is a qualified Junior Engineer and who is to be treated as an unqualified Junior Engineer. 14. Though this Court is not oblivious to the fact that before Notification dated 15.10.2005, the Recruitment and Promotion Rules, as were existing for promotion against the post of Assistant Engineer contemplated that against the 45% category, i.e. Clause 11(i) of the Recruitment and Promotion Rules, a Junior Engineer having 7 years regular or regular combined with continuous ad-hoc service and unqualified Junior Engineer with at least 15 years regular or regular combined service was eligible, but fact of the matter remains that after the Rules were amended vide Notification dated 15.10.2005, the language used in the Rules, post amendment, does not contain any Class of qualified Junior Engineer and unqualified Junior Engineer on the strength of qualification, as far as amended Column No. 11 (i) is concerned. 15. May be it is an oversight on the part of the Department/Corporation, but then, the Rule has to be read and implemented as it is. 16. Therefore,  in  the  absence  of  there  being  any mention in Column 11(i) of the Recruitment and Promotion Rules that 45% promotional quota of Junior Engineer (Civil), having seven years regular service or regular combined with continuous ad-hoc service in the Grade, was confined to only those Junior Engineers, who were having a Diploma or a Degree in Civil Engineering, the act of the DPC of not recommending the petitioner on the ground that he was an unqualified Junior Engineer, not possessing a Diploma or Degree in Civil Engineering, is not sustainable in the eyes of law and is held to be bad. 17. 17. As it is not the case of the respondent-Corporation that except for this alleged disqualification, the petitioner was not otherwise eligible for promotion to the post of Junior Engineer, on the strength of his seniority, the act of the respondents of not promoting him against the post of Assistant Engineer, is also held to be bad. 18. Accordingly, this writ petition is allowed by holding that the rejection of the candidature of the petitioner by the DPC for promotion to the post of Assistant Engineer on the ground that he was an unqualified Junior Engineer, bad in law, as the Recruitment and Promotion Rules in vogue, were not containing any such rider that only a Junior Engineer (Civil), Diploma or Degree holder in Civil Engineering only with 7 years experience, was eligible for promotion under the 45% quota. As a consequence thereof, the petitioner is held eligible for promotion to the post of Assistant Engineer (Civil) and as the DPC wrongly disqualified him and wrongly not considered him for promotion despite his seniority, as there was no other embargo in promoting the petitioner against the post of Assistant Engineer, it is hereby ordered that promotion shall be conferred upon him against the post of Assistant Engineer, with all consequential benefits, as from the date when persons junior to him were promoted. However, the Court is not setting aside the promotion of the private respondents and respondent- Corporation is directed to create a superannuary post, if need so arises, to confer promotion upon the petitioner or promote him against any other available vacancy of Assistant Engineer (Civil) by adjusting the vacancy, so exhausted, in the course of subsequent promotions. 19. With  these  observations,  this  writ  petition is disposed of. No order as to cost. Pending miscellaneous application(s), if any, also stand disposed of accordingly