ORDER

Leave granted.

2. This appeal by special leave arises from the judgment and order of the High Court of Punjab and Haryana made on February 22, 1994 in CWP No.12838/93. Admittedly, the appellants had worked initially as cleaners and thereafter they were promoted as Drivers in Poultry Department of the State of Punjab. Since they were found to be surplus, they were retrenched. When the Government had notified for direct recruitment in the Department of Animal Husbandry, the appellants also had applied for direct recruitment. They were not selected on the ground that they did not possess the required educational qualifications. Consequently, they filed the writ petition which came to be dismissed. Thus, this appeal by special leave.

3. The learned counsel for the appellants has strenuously contended that this Court in B.N. Saxena v. N.D.M.C.1 read down the rule holding that after the initial appointments experience gained for a considerable length of time is itself a qualification for promotion and, therefore, requirement of further qualification was bad in law. He also relied upon another judgment in State of U.P. & Ors. v. J.P. Chaurasia & Ors.2 Relying thereon, it is con