JUDGMENT K. Bhaskaran, J. 1. The petitioners who were at the time of the filing of the writ petition Laboratory Assistant, Grade I, Export Inspection Agency, have come up to this Court with this writ petition under Art.226 of the Constitution for the issue of a writ of mandamus directing the respondent', the Export Inspection Council, represented by its Chairman, the Senior Additional Director (a. and A.) Export Inspection Council of India, New Delhi and the Deputy Chief Executive Export Inspection Agency, Cochin to fill up the existing vacancies in the cadre of Junior Scientific Assistant by making promotions from among the Laboratory Assistant, Grade I, with two years experience in the grade to the extent of 25 per cent earmarked for appointment by promotion under the Recruitment Rules, marked as Ext. R1 and produced along with the counter affidavit filed on behalf of respondents 1 to 3. 2. The rules in Ext. R1 relating to recruitment to certain categories which are relevant for the purpose of this writ petition may be noticed. R.5 deals with method of recruitment, age limit and other qualifications. That rule begins with the following sentence: "Method of recruitment to the posts, age limits, qualifications and other matters connected therewith shall be as specified in columns 3 to 6 of the schedule". The schedule begins at page 7 and ends at page 22 of Ext. R1. Post 31 at page 19 is Laboratory Assistant, Grade II, in which category all the petitioners got themselves appointed in the service of the first respondent Council. The qualifications prescribed in column 4 of the schedule are: (i) High School or equivalent with science subjects, and (ii) Must have one year's experience in testing. As for the method of recruitment, what is stated in column 6 of the schedule reads as follows: "100 per cent direct recruitment failing which by transfer on deputation.......... " Post No. 27 at page 17 of the schedule is Laboratory Assistant, Grade I, in which cadre the petitioners found themselves placed on promotion, at the time of the filing of the writ petition. In column 4 thereof the qualifications prescribed for recruitment are: (i) Degree in Science or Equivalent and (ii) One year's experience in a Laboratory of a repute. In column 4 thereof the qualifications prescribed for recruitment are: (i) Degree in Science or Equivalent and (ii) One year's experience in a Laboratory of a repute. In column 6 thereof in regard to method of recruitment what is stated is as follows: "100 per cent promotion, otherwise by transfer on deputation, failing which by direct recruitment. Promotion: Promotion from Laboratory Assistant, Grade II, with 2 years service in the grade...... " Post 13 at page 12 of the Schedule is Junior Scientific Assistant, the post to which the petitioners are aspirants and for the appointment to which post they seek the issue of writ of mandamus. In column 4 thereof the qualifications prescribed for recruitment are: "(i) Degree in Science / Diploma in Engineering / Technology or equivalent. (ii) Experience of testing". Regarding the method of recruitment what is stated in column 6 thereof reads as follows: "25 per cent promotion, otherwise by transfer on deputation failing which by direct recruitment and 75 per cent direct, recruitment, failing which by transfer on deputation. Promotion: Promotion from Laboratory Assistant, Grade I, with 2 years experience in the grade in the respective field..........." R.6 deals with procedure for promotion. Clause (iii) thereof, which admittedly is applicable to a case like that of the petitioners, provides that posts carrying scale of pay maximum of which does not exceed Rs. 800 i.e., those of Group 'C' and 'D' employees, be filled in based on 'seniority subject to rejection of unfit'. 3. The bone of contention in the writ petition falls within a very narrow compass. The outcome of the writ petition centres round the decision on the question as to whether to be eligible for appointment by promotion to the 25 per cent reserved in that behalf, for post No. 13 (Junior Scientific Assistant), in the schedule the personnel like the petitioners not only should possess the service qualifications mentioned in column 6 of the schedule, but also the educational qualifications mentioned in column 4 thereof (namely degree in science / Diploma in Engineering / Technology or equivalent). The contention of the respondents is that it is only Laboratory Assistant, Grade I, who are Seniors in that cadre having not only the service qualification mentioned in column 6, but also the educational qualifications prescribed in column 4 against Post No. 13, that could be promoted to the Post of Junior Scientific Assistant against the quota of 25 per cent of the post reserved for appointment by promotion. On the other hand, the stand of the petitioners is that for appointment to the cadre of Junior Scientific Assistant against the quota of 25 per cent reserved for the service hands seniority and fitness alone would be the criteria, qualifications for recruitment prescribed in column 4 having no relevance at all. 4. Sri T. R. Govinda Warriyar, the Standing Counsel to the Central Government, who appears for respondents 1 to 3, contended that the qualifications for recruitment are as prescribed in column 4, and irrespective of the fact that the appointment is by direct recruitment or by promotion, the possession of the qualifications mentioned in column4isa must for appointment to the post. It is further argued by Sri Warriyar that the 25 per cent quota reserved is for the benefit of those Laboratory Assistants, Grade I, who are not only have sufficient seniority and the service qualifications mentioned in column 6 of the schedule; but also the educational qualifications prescribed in column 4 thereof. According to him all departmental candidates having the qualification prescribed in column 4 have already been promoted, and the advertisement was for selecting candidates for direct recruitment to fill in the remaining vacancies in the 25 per cent quota reserved for service hands, as there was no alternative left with the Council in the absence of qualified hands among the service hands. Referring to the averment made in Para.5 of the counter affidavit, Sri Warriyar pointed out that considering the hardship of such of the employees who are not eligible for promotion, for want of educational qualification, a post known as Laboratory Assistant, Grade I, (Special Grade) was created, and, as a matter of fact, the first petitioner had already been given that benefit. 5. 5. Sri O. V. Radhakrishnan, the counsel for the petitioners, on the other hand, submitted that the scheme of the Recruitment Rules does not warrant the meaning sought to be given to the qualifications mentioned in column 4 of the schedule by Sri Warriyar, so far as the quota for promotion reserved for the departmental candidates is concerned. It is submitted by him that in terms of the rules appointment to the post of Laboratory Assistant, Grade II, 100 per cent has to be by direct recruitment, the basic qualification being S.S.L.C. or its equivalent with science subjects; and appointments to the post of Laboratory Assistant Grade I, 100 per cent is to be by promotion. The deviation so far as the Junior Scientific Assistant is concerned, is that appointment to the extent of 25 per cent are to be made by promotion, and the balance of 75 per cent by direct recruitment. 6. Sri Radhakrishnan, submitted that the reservation in favour of Laboratory Assistants, Grade I, would be rendered illusory if possession of the qualification mentioned in column 4 of the Rules is insisted in the case of those who are to be promoted from the service to the post of Junior Scientific Assistant. According to him when Laboratory Assistant, Grade I, is treated as feeder category, there is no question of insisting on a qualification which is not required for holding the post in the feeder category. He drew my attention to R.6(3) which provides that for promotion upto the post which carries a basic salary of Rs. 800 the sole criterion is seniority, subject, of course to elimination of the unfit. He further submitted that the qualification mentioned in column 4 is for those who are to be recruited direct, not an additional qualification required for those who are to be promoted from the feeder category of Laboratory Assistant, Grade I. 7. There appears to be considerable force in the argument advanced by Sri Radhakrishnan: If the persons in the feeder category were required to have an additional qualification, that would have been specifically mentioned in the relevant rule itself. There appears to be considerable force in the argument advanced by Sri Radhakrishnan: If the persons in the feeder category were required to have an additional qualification, that would have been specifically mentioned in the relevant rule itself. In the absence of any such mention in the rules, it is only reasonable to interpret it by giving a harmonious construction that the qualifications mentioned in column 4 are applicable to direct recruits who are to fill up the 75 per cent of the posts in that cadre, not to those who are to be promoted from the feeder category. In this context it is of great significance that the qualification prescribed in column 4 of the schedule for the post of Laboratory Assistant, Grade I, to be filled up 100 per cent by promotion, is the same as that of Junior Scientific Assistant, namely Degree in Science. It is not anybody's case that it was because persons like the petitioners had the qualification of degree in science that they were appointed by promotion to the post of Laboratory Assistant, Grade I. It only means that the qualification prescribed is applicable to cases of direct recruitment, not to appointment by promotion. Post No. 20 is Laboratory Assistant, Grade I (Special grade). For appointment to this post, by promotion 100 per cent the qualification prescribed is High School with Science or equivalent. Could it he that for the lower post of Laboratory Assistants Grade I (Post No. 27) a higher qualification of Degree in Science has been prescribed? It is crystal clear that different qualifications have been prescribed for appointment by direct recruitment on the one hand and appointment by promotion on the other. 8. This classification is founded on an intelligible differentia having nexus to the object sought to be achieved, namely to eliminate the injustice of allowing to stagnate for ever in the grade of Assistant, Grade I of those who came from poor families and did not have the financial resources to pursue degree courses, but had to enter service soon after obtaining S.S.L.C. In the words of Bhagavathi, J. Mohammed Shujat Ali v. Union of India AIR 1974 SC 1631 , Para 28, Page 1655. "It is of the essence of equal opportunity for such persons with humble and depressing backgrounds that they should have opportunity, through experience or self study to level up with their more fortunate colleagues who, by reason of favourable circumstances, could obtain the benefits of higher education, and if they prove themselves fit and more suitable than others, why should they be denied an opportunity to be promoted in a vacancy on the ground that that vacancy belongs to Supervisors possessing higher qualifications." 9. For the foregoing reasons the writ petition is allowed; and a writ of mandamus would issue directing the respondents to consider the petitioner's appointment following the method prescribed in R.6 (in) of Ext. R1 Rules to the post of Junior Scientific Assistant against the 25 per cent quota reserved for appointment to be made by promotion. Inasmuch as the matter has been pending for a considerable time now, and the employees affected by the stand taken by the respondents feels very much aggrieved and frustrated, the respondents would act in the light of the directions and observations contained in this judgment, as expeditiously as possible, the matter should, in any event, be decided, within two months from the date of the receipt of the copy of this judgment. The appointments so far made, ignoring the basic question (as now decided in this judgment) may be reviewed in the light of observations made herein, and necessary adjustments made in regard to the number of vacancies to be filled up by promotion, and also to determine, the inter se seniority among those who had already been appointed by direct recruitment and the petitioners. The writ petition is disposed of with the above directions. There will be no order as to costs. A carbon copy of this judgment may be granted to the standing counsel to the Central Government free of charge and to the counsel for the petitioners on usual terms if applied for in that behalf.