1. - The petitioner claims promotion to the post of Assistant Mining Engineer. The contention of the petitioner is that he possesses Diploma in Mining and Mines Surveying Engineering awarded by the Board of Technical Education, Rajasthan. He also passed Sections A & B of the A.M.I.E. (Mining) conducted by the Institution of Engineers. This qualification is recognised as being equivalent to a degree in Mines Engineering. This qualification has been prescribed as a qualification necessary for appointment to the post of Assistant Mining Engineer in Schedule I appended to the Rajasthan Mines and Geological Service Rules, 1960 (in short the Rules of 1960). The post of Assistant Mining Engineer is a post encadred at Serial No. 3(i) of Schedule I as appended to the Rules of 1960, which is to be filled in 50% by direct recruitment, 30% by promotion from amongst Diploma Holders and 20% from amongst the Degree Holders. The petitioner was appointed as Surveyor in August 1979 & fulfil all the requirements provided in the Rules of 1960 for promotion to the post of Assistant Mining Engineer. On April 1, 1987 the petitioner was eligible for promotion to the post of Assistant Mines Engine