ORDER

In the State of Nagaland, the promotion of Superintending Engineer to the post of Additional Chief Engineer in the Department of Public Health and Engineering is governed by the service rules known as Nagaland Engineering Services Rules, 1977 (Class I and II) (hereinafter referred to as "the rules"). The Respondent No. 2 in C.A.No. 2533/1998 (and appellant in C.A.No. 2536/1998 is a diploma-holder and at the relevant time was working as officiating Superintendent Engineer. On 26.3.1991, the Government of Nagaland promoted respondent No. 2 as Additional Chief Engineer. This promotion was challenged by respondent No. 1 who is a degree-holder by means of a petition under Article 226 of the Constitution on the ground that respondent No. 2 was not eligible for being promoted to the post of Additional Chief Engineer as the said post is to be filled up 100 per cent from amongst the degree-holders. This contention of respondent No. 1 was accepted by the learned Single Judge of the High Court. Consequently, the promotion of respondent No. 2 was set aside. Aggrieved, the State of Nagaland preferred a letters patent appeal which was allowed and order and judgment of the learned Single Jud