What is the crucial date for application of Rule 28(bbb) of the KS and SSR is the issue arising for consideration in this case. Whether a senior becoming eligible owing to exemption after the occurrence of the vacancy and after the examinations taken by his juniors, conducted by the Public Service Commission but before the publication of the result is entitled to get promotion on the basis of exemption is the question to be tackled. The vacancy in the cadre of Upper Division Clerk arose under the respondent college on 1.3.1999. As on that date none in the feeder category of Lower Division Clerk was qualified. Petitioner attained the age of 50 years on 19.9.2000 and according to him, being exempted from test qualification he is entitled for promotion with effect from 20.9.2000. In fact the management promoted the petitioner with effect from 20.9.2000. Later, that was interfered with by the department on the ground that the 4th respondent got qualified on 14.7.2000, the day following the last day of the examination conducted by the Public Service Commission. The result of the examination was published only on 16.10.2000. According to the petitioner, the date of declaratio