ORDER

Bharat Coking Coal Limited (in short the BCCL ) is a subsidiary company of Coal India Limited. On 27th March, 1975, the appellant was appointed in BCCL as a Draftsman. It is alleged that subsequently on 20th November, 1987, the appellant was promoted to Executive cadre as Public Relation Officer in E-2 Grade. On 9th May, 1990, the appellant took charge of the office of Public Relations Manager, which was of E-5 Grade.

2. On 20th January, 1993, a circular was issued providing therein that for promotion from Non-executive cadre to the Executive cadre in public relations office, the candidate must possess a Post Graduate Degree/Diploma in Journalism/Public Relations and also to pass the qualifying examination. The appellant was not subsequently promoted allegedly on the ground that he did not possess the requisite qualification.

3. It is at this stage the appellant herein filed a writ petition under Article 226 of the Constitution before the Calcutta High Court for issuing a direction to the respondents herein to promote him to E-5 Grade and in the alternative to regularise his services in the said Grade.

4. A learned Single Judge of the High Court was of the view that since