Ahmad, J. -- 1. "No, more experiential knowledge is not equivalent to a Degree in Engineering" is our positive answer to the negative argument that respondent, though not possessing the requisite qualification, be held to be validly holding the post of Principal, ITI, on the basis of his experience.

2. The facts the questions raised and the findings thereon are recorded hereinafter.

3. The respondent was appointed as Senior Instructor on 3.12.1957 and was promoted as Supervisor Instructor on 13.12.1959. Thereafter he was promoted as Foreman and then as Group Instructor.

4. On 15.6.1976, respondent was promoted as Principal, Class II, for a period of six months or till the candidates duly selected by the Public Service Commission for that post were available (whichever was earlier). The post of Principal, Class II was a newly-created post and was not included in the M.P. Industrial (Gazetted) Service Recruitment Rules. 1965 and since the mode of appointment or recruitment on that post was not prescribed till about 1985 the respondent continued to work on that post at different places where he was transferred from time to time.

5. On 28.6. I 985, Madhya Pradesh Industrial Training (Gazetted) Service Recruitment Rules, 1985 (for short, Rules), made by the State Government under Article 309 of the Constitution, were published. These Rules replaced the M.P. Industrial (Gazetted) Service Recruitment Rules, 1965. The new Rules provided that the post of Principal. Grade II, would be filled up by direct recruitment to the extent of 75 per cent and by promotion to the extent of 25 per cent. The manner of recruitment by way of promotion was indicated in Rules 13 to 18.

6. After the Rules were made and duly promulgated a meeting of the Departmental Promotion Committee was held in November, 1985 to consider the eligible candidates for regular promotion on the post of Principal, Class II. Since the respondent did not possess a Degree or Diploma in Engineering prescribed under the Rules for the post of Principal, Class II, the Committee found him fit only for the post of Vice-Principal and therefore, by order dated 12.6.1986, he was promoted and appointed as Vice-Principal, Industrial Training Institute. Bhilai.

7. It is this order which constitutes the basis of this protracted litigation as the respondent who was already working as Principal, Class II characterise the said order as an order of reversion.

8. The respondent challenged this order in a Writ Petition filed before the M.P. High Court which was transferred to the M.P. State Administrative Tribunal, Jabalpur, and the Tribunal, by its judgment dated 19.4.1994, allowed the petition with the finding that the requirement of possessing the educational qualification of a Degree or Diploma in Engineering for the post of Principal was applicable only to direct recruitment and not to promotions and as such the respondent who, admittedly, did neither possess a Degree nor a Diploma in Engineering, was still entitled to be promoted as Principal, Class II.

9. It is the logic of this apparently illogical reasoning which is to be scrutinised by us in this appeal.

10. Appointments, either by direct recruitment or by promotion, on the post of Principal, Class I or Class II, as pointed out earlier, are made in accordance with the provisions of the Rules promulgated in ] 985. Rule 7 which deals with "appointment to

the service" provides as under --.

"7. Appointment to the service -- An appointment to the service, after commencement of these rules, shall be made by the Government and no such appointment shall be made except after selection by one of the methods of recruitment specified in rule 6."

11. Method of recruitment has been indicated in Rule 6 which is quoted below :-

"6. Method of recruitment. --(1) Recruitment to the Service after the commencement of these rules, shall be by the following methods, namely :-

(a) By direct recruitment through selection;

(b) By promotion of the members of the Servi