Hrishikesh Roy, J.

1. Heard Mr. A.K. Sharma, learned Counsel appearing for the Petitioner. Also heard Mr. P.S. Deka, learned Govt. Advocate who represents the Respondents. Mr. R.C. Saikia, learned Counsel appears for Respondent No. 4, who got himself impleaded in the present proceeding.

2. The Petitioner joined as a Statistical Assistant in the year 1989, under the Controller of Legal Metrology, Govt. of Assam and is before this Court to espouse a claim for promotion, to the post of Inspector. He is a science graduate with mathematics as his major subject.

3. By filing W.P.(C) No. 177/05, the Petitioner earlier approached this Court for appropriate direction for considering his promotion to the post of Inspector, Legal Metrology. The said writ petition was disposed of by this Court on 2.2.2006, directing the authorities to consider the case of the Petitioner for promotion. By the impugned order dated 18.12.2006 (Annexure IV), a purported consideration of the claim for promotion was made by the Respondent authorities. In the said order it was recorded that the Petitioner does not possess a Bachelor Degree in Science with Physics as one of the subject and accordingly he is not q