Hon'ble Siddharth,J.

1. Heard Sri Siddharth Khare, learned Counsel for the petitioner and Sri Kapil Dev Singh Rathore, learned Counsel for the respondents.

2. This writ petition has been filed by the petitioner ,praying for quashing Regulation-17 of the Uttar Pradesh State Electricity Board Subordinate Electrical & Mechanical Engineering Service Regulation-1972, as inserted vide Office Memorandum dated 06.11.2008 and substituted by Office Memorandum dated 04.11.2011, in case this Hon'ble Court interprets Clause -b thereof as excluding the technical qualification possessed by the petitioner. Direction to the respondents to recalculate the aggregate marks secured by the petitioner in proceedings for promotion to the post of Junior Engineer undertaking in the year 2014, by awarding 30 marks to the petitioner on the basis of Trade Proficiency Certificate of the petitioner and to revise the result of the petitioner accordingly and to grant promotion to the petitioner w.e.f., Aug., 2015 on the post of Junior Engineer with all consequential benefits of seniority and arrears of salary has also been prayed.

3. The brief facts of the petition are that the petitioner was initially appointed as Electrical Fitter of Signals, a Class-III post, on 06.09.1985 and he retired from Indian Army on 01.10.2001. The petitioner applied under ex-serviceman category for the post of Technical Grade-II (Electrical) in response to an advertisement issued by the respondents in the year 2004. He annexed his discharge certificate from Indian Army, a Trade Proficiency Certificate which is equivalent to I.T.I. and also High School and Intermediate Mark sheet along with his application. He appeared in Written Examination and Interview successfully and was issued appointment letter dated 20.03.2006 for the post of Technician, Grade-II (Electrical) and he joined on 22.03.2006 at Electricity Distribution Sub Division-III, Machhali Shahar, District Jaunpur and was transferred to Allahabad in Sept. 2012 and is working at Electric Work Shop Division, Allahabad.

4. The service conditions of the petitioner are governed by Uttar Pradesh State Electricity Board Subordinate Electrical and Mechanical Engineering Service Regulation, 1972. The petitioner was considered for promotion to the post of Junior Engineer and he appeared for interview on 06.08.2015 at Lucknow. Out of 100 marks meant for promotion 25 marks were for High School, 10 marks for interview, 30 marks for I.T.I. or equivalent qualification and 35 marks were for length of service, wherein 1 mark for 1 year's service were to be allotted. When the results were declared the name of petitioner was not found in the select list. He sought information under the Right to Information Act, regarding the qualification required for appointment from Technical Grade II to Junior Engineer and why he was not granted promotion to the aforesaid post. No information was given to him and thereafter he filed First Appeal dated 06.5.2015 and then Complaint dated 03.11.2015 but in vain. However, he was orally informed that regarding the qualification of I.T.I. or equivalent, necessary for promotion, he was given zero marks because the Trade Proficiency Certificate dated 23.09.2001 is not equivalent to I.T.I. Hence the petitioner has approached this Court.

5. The respondents have filed their Counter Affidavit stating that as per Office Memorandum No.144, dated 04.11.2001, the qualification mentioned is I.T.I. Diploma/ Degree and not I.T.I. or equivalent qualification. The Trade Proficiency Certificate issued to the petitioner was on the basis of experience in service and not on the basis of marks granted in Technical Education. His name was forwarded for consideration by mistake in the promotion test. According to Parichalkiya Sewa Niyamawali, 1995, only the Certificate issued by Akhil Bhartiya/Rajya Vyavsayik is adm