Heard Mr. M. Devananda, learned counsel appearing for the petitioner, Mr. A. Vashu, learned G.A., appearing for the respondents1 and 2 and Mr. H.S. Paonam, learned Sr. counsel assisted by Mr. N. Bipin, learned counsel appearing for the respondent No.3.

2. In the year 1972 the Manipur Elementary & Secondary Education Act, 1972 (hereinafter referred to as an Act) was enacted to establish a Board of Secondary Education to regulate, supervise and develop the system of Secondary Education in the State of Manipur. Upon enactment of the said Act, the Board of Secondary Education Manipur was established headed by its Chairman. With the enactment of the said Act, Rules were also framed by virtue of the provisions as contained in Section 12(3) of the said Act laying down conditions of the services, qualifications and mode of recruitment of the Chairman, Secretary and Controller of Examination. The said rule prescribes the eligibilities for the appointment on the post of Secretary, either on promotion or on deputation. The said rule read as follows :

“(a) PROMOTION: Controller of Examination/Jt. Secy of the Board with 5 years reg. service.

(b) DEPUTATION: (i) Administrator/Educ