1. Long after a person was promoted to a certain post, rules were framed fixing the eligibility criteria for that post. But the rules would naturally be prospective and the promotion was allowed long ago. Hence, the promotee, though he did not possess the qualification laid down under the rules, was left undisturbed. The trouble, however, arose when the occasion came for promotion to the next higher post.

2. The rules require the higher post to be filled up by promotion, with no additional qualifications needed, from amongst those holding the post in question for a period of not less than five years. Now this person is told that he would not be considered for the promotion because he does not possess the qualification for the post that he is holding. I should have said, without giving much thought that such a stand would be highly unreasonable and unjust to the person holding the post for long and from a point of time much before the eligibility criteria came to be prescribed under the rules. But the issue needs a careful consideration because two learned Single Judges of the Court seem to have taken opposite view in the matter.

3. The material facts are very bri