( 1 ) THE petitioner is working as Assistant District Inspector of Land Records which is a Class III post. He has filed this petition challenging the fixation of his seniority. The petitioner was promoted as Maintenance Surveyor with effect from 8/10/1971 He passed Land Records Qualifying Examination (L. R. Q. B.) in November 1985. It is his say that he was promoted to the next higher post of Sheristedar on 23/07/1987 Thereafter he was further promoted to the present post of Assistant District Inspector of Land Records on 1/10/1988 By the orders Annexures A and B dated 18th March 1989 and 10/04/1989 seniority of certain employees in the cadre of Maintenance Surveyor/sheristedar was fixed by giving deemed date of promotion on the basis of their seniority in lower cadre by the State Government. He has challenged the said orders Annexures A and B. He has also challenged the order Annexure E dated 23/06/1989 rejecting his application by stating that as the petitioner had passed Land Records Qualifying Examination (hereinafter referred to as L. R. Q. Examination) in 1985 deemed date of promotion from 8th October 1984 cannot be given. He has further challenged the order Annexure H dated 27/09/1989 passed by the Settlement Commissioner and Director Land Records Gujarat State dismissing his appeal.

( 2 ) IN the Affidavit-in-reply it has been pointed out that for getting promotion to the post of Head Clerk (Sheristedar) it was necessary for the petitioner as well as other employees to pass L. R. Q. Examination. The petitioner cleared the said examination only in 1985. Thereafter he was promoted on 23/07/1986. With regard to the other employees against whom allegations are made in the petition it has been pointed out that one Mr. Parekh has cleared L. R Q. Examination in 1978. Other employees who are referred to by the petitioner and to whom deemed date of promotion is given have cleared the L. R. Q Examination before 12-2-1980.

( 3 ) MR. Anand learned Advocate appearing on behalf of the petitioner submitted that even though some of the employees junior to the petitioner might have passed L. R. Q. Examination before the petitioner passed the same in 1985 he would not 106e his seniority in the cadre as he has passed L. R. Q. Examination after the specified three chances and prescribed period.

( 4 ) FOR deciding the contention of the learned Advocate for the petitioner it would be necessary to consider the relevant ruler of the Land Records Qualifying Examination Rules 1970 Rule 3 (1) provides that all persons belonging to the lower divisions of the subordinate Land Records Service who are eligible to appear in the Land Records Qualifying Examination under Rule 8 shall be required to pass the Examination within three chances during the period of three years after they have become eligible. Rule 8 provides that in order to be eligible for appearing at the L. R. Q. Examination the person must have completed five years continuous service and passed rub-service Departmental Examination unless he is exempted from passing that examination. sub-rule (2) of Rule 3 provides that all direct recruits to the post of District Inspector of Land Records shall be required to pass the L. R. Q Examination in three chances during the probation period of two years from the date of joining service. At present the provisos to sub-rule (2) of Rule 3 are not considered because those provisos are to be considered in light of sub-rule (2) of Rule 5.

( 5 ) THE most relevant rule which requires consideration is Rule 4 which roads as under:4 (1) Where any person belonging to the lower division of the subordinate Land Records Service fails to pass the Examination within the prescribed number of chances and during the prescribed period shall lose his seniority and till he passes the Examination under Rule 5 he shall not be eligible for promotion to the higher post and confirmation therein. (2) Where any direct recruit fails to pass the examination within