G.B.PATTANAIK, J.

(1) THE Technical employees Association of Railways through its President is the petitioner here assailing the validity of circular dated 28-9-98 issued by the Railway Board.

(2) WE entertained this petition under Article 32 of the Constitution even though the petitioner could have approached the High Court merely because employees of the Railways are from different parts of the country. The circular in question which is being assailed provides that for promotion from the post of Khalasi the higher qualification of matriculation and ITI pass should be achieved.

(3) THE petitioners contention is that Khalasi who are already in service, did not possess the aforesaid qualification and if such a circular is allowed to operate, there will be stagnation and, therefore, the impugned circular be quashed being hit by Articles 14 and 16 of the Constitution of India. Prescribing higher qualification for the purpose of promotion whether permissible under law no longer remains res Integra. As early as in the case of The Union of India v. Dr. (Mrs.) S. B. Kohli, 1973 (3) SCC 592 : in a matter relating to the Central Health Service Rules, this