This is a proceeding for review of the judgment and order delivered by us on 4.9.95 in Writ Appeal No. 142 of 1993.

2. The facts briefly are that the review applicant has been working as Superintending Engineer in the Department of Public Health Engineering, Govt. of Nagaland and holds a degree in Civil Engineering. The respondent No. 3 was also working as a Superintending Engineer in the said department and holds a Diploma in Engineering and was promoted to the post of Additional Chief Engineering subject to regularisation by the Departmental Promotion Committee by a notifica­tion dated 26.3.91 issued by the Secretary to the Govt. of Nagaland, Department of Public Health Engineering. The review applicant as writ petitioner challenged the said notification dated 26.3.91 in Civil Rule No. 119(K)1992 filed before the Kohima Bench of this Court on the ground that the respondent No.3 was only a Diploma holder and did not hold a degree in Engineering which was the qualification prescribed under the Nagaland Engineering Service Rules, 1984, (for short 'the 1984 Rules') for appointment to the post of Additional Chief Engineer. The learned Single Judge of the Kohima Bench a