JUDGMENT :

Heard Mr. M.P. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deka, learned Asstt. S.G.I., for and on behalf of all the respondents.

2. This writ petition has been filed challenging the communication dated 28.06.2010, to the extent it stipulates exhaustion of the select list of departmental examination passed candidates on exhaustion of vacancies for the year 2010 and for a direction to the respondent authorities to promote the petitioners to the cadre of Lower Divisional Clerk (LDC), on the basis of qualification in the departmental examination held in the year 2010.

3. The facts of the instant case is that the petitioner No.1 & 2 were appointed to the post of ‘Pioneer’ on 26.09.2003 and 23.09.2002, respectively. It is an admitted case that while the educational qualification of the petitioner No.1 is a 12th pass, the petitioner No.2 has only passed his matriculation i.e. 10th standard. The fact of the case is that the service of the petitioners were regulated by “the General Reserve Engineering Force Group-C and Group-D Recruitment Rules, 1982” and for promotion to the post of LDC from Group-D employees, the eligibility was matriculation or possessing equiva