JUDGMENT S.C. Mathur, J. - This petition is by Sri Jagdish Chandra Awasthi and Sri Arjun Singh and is directed against the State of Uttar Pradesh and the Director of Education, U.P. The petitioners are Assistant Teachers in Intermediate and Higher Secondary Schools run by the State Government. They teach students of classes VI to VIII. Their grievance is that in certain matters pertaining to their service conditions they have been discriminated against by the State Government and certain actions of the State Government are arbitrary. A few facts necessary to decide the petition may be noticed. 2. In the State of Uttar Pradesh there are four categories of educational institutions imparting instructions to students of classes VI to VIII. There are - (1) Basic Schools Governed by the U.P. Basic Education Act and run by the U.P. Basic Education Board; (2) Model Schools run by the State Government; (3) Intermediate and Higher Secondary Schools run by the State Government; and (4) Intermediate and Higher Secondary Schools run by private bodies. The minimum qualification prescribed for Assistant Teachers of these institutions is Intermediate pass with the training qualification of JTC, BTC or HTC. After the recommendations were received by the State Government of the First Pay Commission (1972 - 73), the State Government fixed the scale of Rs. 200 - 320 for the teachers of Basic Schools. The same scale was allowed to teachers of Model Schools and all the Intermediate and Higher Secondary Schools run by the State Government. Later the scale of teachers in Model Schools was revised to Rs. 210 - 330. The scale of teachers of Intermediate and Higher Secondary Schools run by private bodies was fixed at Rs. 195 - 315. However, by a later Government Order they were also allowed the scale of Rs. 200 - 320. Thus Assistant Teachers working in various categories of Schools, except Model Schools, came to have identical scales of pay (Rs. 200 - 330); as already noticed the Assistant Teachers of Model Schools have been allowed Rs. 10.00 extra at the minimum of the scale as also at the maximum of the scale. The Second Pay Commission submitted its report some lime in the year 1980. On the basis of the recommendations made by it, two scales were introduced for JTC/BTC trained Assistant Teachers. The lower scale was Rs. 400 - 620 and the higher scale was Rs. The Second Pay Commission submitted its report some lime in the year 1980. On the basis of the recommendations made by it, two scales were introduced for JTC/BTC trained Assistant Teachers. The lower scale was Rs. 400 - 620 and the higher scale was Rs. 450 - 720. The higher scale was payable to those Assistant Teachers who had worked for ten years in the lower scale. These scales were available to Assistant Teachers of the Government Intermediate and Higher Secondary Schools as well as to teachers of private Intermediate and Higher Secondary Schools. The scale of Rs. 450 - 720 was provided for CT Grade also. Teachers working in JTC/BTC Grade were entitled to be promoted to the Intermediate and Higher Secondary Schools. CT Grade. On 29-12-1981 the Government issued an order whereby Selection Grade of Rs. 620 - 820 was introduced for Assistant Teachers of Government run Schools and Colleges who were working in CT Grade (scale of Rs. 450 - 720) a copy of this order has been filed as Annexure 6 to the writ petition. By another order of the same date, the Selection Grade of Rs. 620 - 820 was allowed to C.T. Grade Assistant Teachers of Private Intermediate and Higher Secondary Schools receiving aid from the State Government also. A copy of this order is Annexure 7 to the writ petition. The Government Order contained in Annexure 7 has been partially amended by Government Order date 26.6.1982 whereby the Selection Grade of Rs. 620 - 820 has been allowed to Assistant Teachers (Intermediate trained) who were fixed in the pay scale of Rs. 450 - 720. Under the two Government Orders issued on 29-12-1981, the Selection Grade of Rs. 620 - 820 becomes available only to those Assistant Teachers who have put in sixteen years of continuous and satisfactory service in the scale of Rs. 450 - 720. This applies to Assistant Teachers of Government Schools and Colleges as well as to Assistant Teachers of private Intermediate and Higher Secondary Schools receiving grand - in - aid from the U.P. Government. By Government Order dated 22-12-1983, Annexure 9, the method of computing sixteen years continuous service in the lower Grade has been altered in respect of Assistant Teachers of private Intermediate and Higher Secondary Schools. By Government Order dated 22-12-1983, Annexure 9, the method of computing sixteen years continuous service in the lower Grade has been altered in respect of Assistant Teachers of private Intermediate and Higher Secondary Schools. Under this Government Order, Assistant Teachers of the Private Schools shall be entitled to count their period of service in the scale of Rs. 400 - 620 also in computing the period of sixteen years. The distinction which thus occurs between the teachers of Government Schools and private Schools is that while teachers of private Schools will be entitled to have the benefit of service in the scale of Rs. 400 - 620 also for counting sixteen years period of service, this benefit will not be available to teachers of Government Schools. The petitioners who are Assistant Teachers in Intermediate and Higher Secondary Schools run by the State Government as sail this Government Order on the basis of discrimination. According to them, there is no reasonable basis for discriminating between Assistant Teachers working in Government Schools and in private Schools and giving preferential treatment to teachers of private Schools. This is the first grievance of the petitioners. 3. The second grievance of the petitioners is in respect of promotion to the CT Grade of Rs. 450 - 720. According to them those who have already worked in the scale of Rs. 400 - 620 for ten years and have been allowed the scale of Rs. 450 - 720, promotion to the CT Grade brings no benefit as the CT Grade also carries the same scale of Rs. 450 - 720. This according to the petitioners is arbitrary. 4. The third and the last grievance of the petitioners pertains to promotion to the post of Head Master, which carries the scale of Rs. 490 - 860. For promotion to this post, Assistant Teachers who have been promoted to the CT Grade have been excluded from the field of eligibility. This is alleged to be arbitrary and discriminatory. 5. 4. The third and the last grievance of the petitioners pertains to promotion to the post of Head Master, which carries the scale of Rs. 490 - 860. For promotion to this post, Assistant Teachers who have been promoted to the CT Grade have been excluded from the field of eligibility. This is alleged to be arbitrary and discriminatory. 5. In respect of the first grievance of the petitioners the State Government has given justification in paragraph 15 of the counter - affidavit wherein it has been stated that the basic qualification for Assistant Teacher of CT Grade of the Government High School and Intermediate Colleges and private High School and Intermediate Colleges is "trained Intermediate with five years experience of teaching" and that this qualification is strictly adhered to in Government Schools and Colleges while it is not so adhered to in private Institutions. According to the counter - affidavit private institutions appoint trained Intermediate candidates having lesser teaching experience or no teaching experience and these appointments are made in a lower scale and as soon as such candidates complete five years of leaching experience, automatically they get the scale of Assistant Teacher of CT Grade. It is thus asserted that the basis of classification is that in private institutions the rule is not strictly adhered to and, therefore, relaxation has been made in counting the period of sixteen years. We are unable to appreciate the basis of the classification made by the Government. If the Government has prescribed minimum qualification for appointment to the post of Assistant Teacher in the CT Grade, there is no reason why the said qualification should not be uniformally applied and enforced. The justification given by the State Government puts premium on violation of the rule relating to minimum qualification. In our opinion, no benefit can be given to a candidate who has been appointed in violation of the statutorily fixed minimum qualification. Therefore, the Government order dated 22-12-1983, Annexure 9, is liable to be quashed. 6. So far as the second grievance is concerned, we are unable to find any merit therein. Promotion to the CT Grade is entirely different from the scale of CT Grade being allowed to an Assistant Teacher. The scale of CT Grade (450 - 720) is allowed to Assistant Teachers working in the scale of Rs. 6. So far as the second grievance is concerned, we are unable to find any merit therein. Promotion to the CT Grade is entirely different from the scale of CT Grade being allowed to an Assistant Teacher. The scale of CT Grade (450 - 720) is allowed to Assistant Teachers working in the scale of Rs. 400 - 620 on completion of ten years service in the said Grade. For promotion to the CT Grade it is not necessary that the candidate must be working in the scale of Rs. 450 - 720. Even a candidate who has not completed ten years of service in the scale of Rs. 400 - 620 in entitled to get promotion to the CT Grade. To such a candidate promotion to CT Grade will be a promotion to higher status as well as to a higher salary while to a person who is already receiving salary in the scale of Rs. 450 - 720 promotion to CT Grade may be placement in a higher position but without corresponding monetary benefit. Monetary benefit is not sine qua non of promotion. The fact that a person gets a higher status with the prospect of becoming entitled to promotion to a still higher post is more important. In our opinion, therefore, the petitioners' second grievance is misconceived and is liable to be rejected. 7. The third and the last grievance of the petitioners also has substance. According to the existing rules a person who has been promoted to the CT Grade is entitled to get promoted to the LT Grade but he cannot be considered for promotion to the post of Head Master. The only justification offered on behalf of the State Government is that while Assistant Teachers who have been promoted to the CT Grade have the prospect of being promoted to the LT Grade and still higher grade, there is no such opportunity available to those teachers who failed to get promoted to the CT Grade. In paragraph 12 of the counter - affidavit it is stated that Assistant Teachers of Model Schools not found suitable for promotion to CT Grade are promoted to die post of Head Master of Government Model Schools; this promotion is at the option of the Assistant Teachers of the Government Model School. In paragraph 12 of the counter - affidavit it is stated that Assistant Teachers of Model Schools not found suitable for promotion to CT Grade are promoted to die post of Head Master of Government Model Schools; this promotion is at the option of the Assistant Teachers of the Government Model School. From this it would appear that Assistant Teachers of lower merit are made eligible to be promoted to the post of Head Master while Assistant Teachers of higher merit who have already displayed their merit by being selected for promotion to the CT Grade are taken out from the field of eligibility. The mere fact that those who have been promoted to the CT Grade have the opportunity of being promoted to the still higher LT Grade is no justification to exclude the CT Grade teachers from the field of eligibility for promotion to the post of Head Master. Accordingly, the petitioners are entitled to relief in this respect. 8. In view of the above the petition is partly allowed and the Government Order dated 22-12-1983, Annexure 9, is hereby quashed. A writ of mandamus shall issue to the State Government to practice no discrimination in counting the period of sixteen years of service mentioned in the Government Orders, Annexures 6 and 7; the said period shall be counted on the same basis for Assistant Teachers working in Intermediate and Higher Secondary Schools run by the State Government and for Assistant Teachers working in Intermediate and Higher Secondary Schools run by private bodies. A further mandamus shall issue to command the State Government to consider Assistant Teachers in the CT Grade also for promotion to the post of Head Master. The State Government shall apply this judgment not only to the petitioners but also to all Assistant Teachers similarly situated. There shall be no order as to costs.