PREM CHAND JAIN, CJ. ( 1 ) THE petitioner, who is a Scheduled Caste, is working as Superintendent in the University of Bangalore. Similarly Respondents-2 and 4 are also employees in the University. A vacancy of the Assistant Registrar, which is reserved for Scheduled Tribes, occurred, to which Respondent-2, who belongs to a general category, has been promoted. Against another vacancy reserved for scheduled Caste, the 4th Respondent has been promoted. The petitioner claims that under Statute No. 25. 2 of the Bangalore university Statutes, (hereinafter referred to as the 'statutes',) read with the entry in the schedule relating to the Assistant Registrars, it is only the graduates with academic record and administrative experience of not less chan five years in Government Institution or in a University, alone are entitled for promotion by selection from the cadre of Superintendents. According to the averments made in the petition, Respondents-2 and 4 do not possess the qualification of graduation and, therefore, they are not eligible to be considered for Promotion by Selection to the post of Assistant Registrar. The petitioner, through this petition, has prayed that a writ of Certiorari be issued declaring the appointment of Respondent-2 as illegal and void. It is further prayed that a writ of Mandamus be also issued to the Respondents for considering the case of the petitioner for promotion by selection to the post of Assistant registrar. ( 2 ) THE writ petition is contested by the respondents on the main ground that for the purpose of promotion to the post of assistant Registrar from the cadre of superintendents it is not necessary that the superintendents must possess the qualification as mentioned in Column-3 against the entry of Assistant Registrars in the schedule to the Statutes. A plea is also set up that as Respondents-2 and 4 have put in longer period of service as superintendents than the petitioner, the board of Appointment thought it necessary to relax the qualification in the case of respondents 2 and 4 in order to see that they are not deprived of the benefit of their seniority in the cadre of Superintendents. ( 3 ) THE petition came up for hearing before a learned Single Judge, who considered the whole matter in depth. A decision in an unreported judgment of this court in W. Ps. Nos. ( 3 ) THE petition came up for hearing before a learned Single Judge, who considered the whole matter in depth. A decision in an unreported judgment of this court in W. Ps. Nos. 17734/81, 19933/81 and 3337/82 (Smt. S. V. Sulochana and others v university of Bangalore and others) was placed by the learned counsel for the respondents in support of their contention. The learned single Judge, on consideration of the entire matter in the light of the relevant statutes, formed an opinion that only graduate Superintendents should be considered as eligible for promotion by selection to the post of Assistant Registrar. As this view according to the learned single Judge was likely to run contrary to the view in the unreported decision referred to above, the learned single Judge thought it appropriate to refer the matter to be decided by a division Bench. That is how we are seized of the matter. ( 4 ) BEFORE adverting to the merits of the controversy, it is necessary to notice the relevant Statutes and the schedule, which read as unden-"25. 2: Method of recruitment: in respect of each category of posts specified in column (1) of the Schedule, the minimum qualifications, the period of probation, if any, and the method of recruitment, shall be as specified in the corresponding entries in columns (3), (4) and (5) of the said schedule. Proviso: (a) In the event of non- availability of candidates possessing the prescribed qualifications, candidates with lesser qualifications may be appointed on a purely temporary basis. (b) In very special cases, the prescribed qualifications or period of probation, if any, may be relaxed by the appointing authority for reasons to be recorded in writing. 25. 3: Procedure for Appointment: (i) Where a post is required to be filled by direct recruitment, appointment shall be made on merit, after advertising the post. (b) In very special cases, the prescribed qualifications or period of probation, if any, may be relaxed by the appointing authority for reasons to be recorded in writing. 25. 3: Procedure for Appointment: (i) Where a post is required to be filled by direct recruitment, appointment shall be made on merit, after advertising the post. (ii) Where a post is required to be filled by promotion: (a) If it is to a selection post or to a post to be filled by promotion by selection, the appointment shall be made by selection of a person on the basis of merit and suitability in all respects to discharge the duties of the post, with due regard to seniority from among persons selected for promotion; (b) If it is to a post other than that referred to in sub-clause (a), appointment shall be made by selection of a person on the basis of seniority-cum- merit, that is, seniority subject to the fitness of the candidate to discharge the duties of the post from among persons eligible for promotion. 25. 4: In the case of any appointment to be made on promotion, no one shall, unless otherwise specified under these statutes, be considered eligible for such appointment until he acquires the qualification prescribed for the post in question. "the entry in the Schedule relating to the assistant Registrar and others is as follows: category of post scale of pay. Minimum qualifications prescribe. Period of probation Category of post Scale of pay. Minimum qualifications prescribe. Period of probation Method of recruitment 1 2 3 4 5 XX XX XX XX XX XX XX XX Assistant Registrars 900-1,750 a) Graduate with good academic record. Two-yeafs Either by direct recruitment or by promotion by selection from the cadre of Superintendents. b) Administrative experience of not less than 5 years in a Government Institution or in a University. XX XX XX XX XX XX XX XX Superintendents Accounts 750-1,525 a) A degree of a recognised University. Two years 33 1/3 per cent by direct recruitment or by deputation of Officers of Government on such terms and conditions as may be fixed by the Syndicate. 66 2/3 per cent by promotion from the' cadre of Assistants and Stenographers. b) A pass in the S. A. S Examination of the State Government or of the Indian Audit and Accounts Department or any other equivalent examination approved by this University. 66 2/3 per cent by promotion from the' cadre of Assistants and Stenographers. b) A pass in the S. A. S Examination of the State Government or of the Indian Audit and Accounts Department or any other equivalent examination approved by this University. c) Experience of not less than two years in managing an office in Government or a University or in a business organisation. ('clause (a) will not apply in the case of Officers on deputation) For Promotion: i) An Assistant must have passed the S. A. S. Examination of the State Government or any other equivalent examination approved by this University, and must have put in at least 5 years service as Assistant. ii) Stenographers must have passed the S. A. S. Examination of the State Government or any other equivalent examination approved by this University and must have put in at least 5 years service in that cadre and 1 year's service as Assistant. On the basis of seniority-cum-merit in the ratio of 6:1 every seventh vacancy being tenable by a promoted Stenographer. Note: The selected Stenographers should put in one year of service as Assts. before they are promoted as Superintendents. Superintendents Administration 750-1,525 For Promotion: i) An Assistant must have passed the prescribed Departmental Examination and must have put in at least 5 years service as Assistant. Either by promotion from the cadre of Assistants and Stenographers or by deputation in special circumstances, of Officers of Government on such terms and conditions as may be fixed by the Syndicate. ii) Stenographers must have passed the prescribed Departmental Examination and must have put in at least 5 years service in that cadre and one year's service as Assistant, on the basis of seniority -cum-merit in ration of 6:1; every seventh vacancy being tenable by a promoted Stenographer. **note: The selected Stenographers should put in one year of service as Assts. before they are promoted as superintendents. Assistants 460-1,000 A Degree of a recognised University. One year 50 per cent by promotion from the cadre of Junior Assistants who have passed the prescribed Departmental Examination and who have put in at least 5 years service, 50 per cent by direct recruitment. Steno graphers 460-1,000 +spl. pay of Rs. before they are promoted as superintendents. Assistants 460-1,000 A Degree of a recognised University. One year 50 per cent by promotion from the cadre of Junior Assistants who have passed the prescribed Departmental Examination and who have put in at least 5 years service, 50 per cent by direct recruitment. Steno graphers 460-1,000 +spl. pay of Rs. 50/ P. M. a) Essential: i) A pass in SSLC or equivalent examination One year i) 66 2/3 per cent of the vacancies to be filled by direct recruitment: and ii) A pass in Senior Shorthand and Senior Typewriting Examinations conducted by Government or equivalent examinations: ii) 33 1/3 per cent by promotion from the cadre of typists who possess the prescribed qualifications in Stenography and who have put in at least 5 years service in that grade on the basis of seniority-cum- merit. b) Desirable: A graduate with a minimum of 2 year's experience as Stenographer in an office of Government or University or an Educational Institution or a private firm or company. Note: A typist who has passed junior Shorthand Examination may be promo- ted as Stenographer subject to the condition that he should qualify himself by passing the Senior Shorthand Examination within a period of one year from the date of such promotion, the said period being extendable by the University at its discretion by one more year. Junior Assistants Rs. 300-700. A pass in SSLC or equivalent examination with a certificate in Junior Typewriting. i) Eighty-five per cent by direct recruitment. ii) Fifteen per cent by promotion of Class IV officials including Attenders who have passed SSLC & who have pul in a minimum of 5 years' service and have passed a test prescribed by a committee appointed by Syndicate. ( 5 ) THE post of Assistant Registrar is a class II gazetted post. As is evident from the entry in the schedule reproduced above, the post of Superintendents (Accounts and Administration) are filled by direct recruitment and also by promotion from the cadre of Assistants. A provision is also made to fill up the post in special circumstances by deputation. In the case of Assistants, 50 per cent of the vacancies are filled by promotion trom the cadre of Junior Assistants who have passed the prescribed departmental examination. The post of Stenographers is filled by direct recruitment as well as by promotion. A provision is also made to fill up the post in special circumstances by deputation. In the case of Assistants, 50 per cent of the vacancies are filled by promotion trom the cadre of Junior Assistants who have passed the prescribed departmental examination. The post of Stenographers is filled by direct recruitment as well as by promotion. The minimum qualification prescribed in the case of Stenographers is a pass in SSLC or equivalent examination. It is also provided that it would be desirable if a person is a graduate with a minimum of two years experience as Stenographer. In the case of Junior Assistants 85 per cent of the posts are filled up by direct recruitment. The minimum qualification prescribed is SSLC or equivalent examination with a certificate in junior Typewriting. The remaining 15 per cent of the posts are filled up by promotion of Class IV officials including attenders who have passed SSLC and who have put in a minimum of 5 years service and have passed a test prescribed by the Committee appointed by the Syndicate. Thus, it is clear that the cadre of Superintendents consists of graduate Assistants and also non-graduate assistants; and some of them may even come from the cadre of Class IV officials including attenders. ( 6 ) THE question that arises for consideration is whether the minimum qualification prescribed at (a) of Column-3, i. e. , 'graduate with good academic record' for the post of assistant Registrar which can be filled up either by direct recruitment or by promotion by selection from the cadre of Superintendents, is necessary to be fulfilled in the case of Superintendents who may be considered for promotion to that post. There is no dispute that graduation is an essential qualification in the case of direct recruitment. ( 7 ) IT was contended by Mr. There is no dispute that graduation is an essential qualification in the case of direct recruitment. ( 7 ) IT was contended by Mr. Goulay, learned counsel for the petitioner, that the educational qualification prescribed at (a) of column-3 is applicable both to the case of direct recruitment as well as to the case of promotion while, on the other hand, it was emphatically submitted by the learned counsel appearing for the respondents that the educational qualification at (a) is only applicable for direct recruits and not in the case of promotion from the cadre of Superintendents; otherwise, the chances of promotion of Superintendents who are not graduates would be completely jeopardised and this could never be the intention of the statute making authority. On giving our thoughtful consideration to the entire matter, we find merit in the contention of the learned counsel for the petitioner. The cadre of Superintendents consists of graduate Assistants and also non-graduate Assistants and some of them may even come from the cadre of class IV officials including Attenders. As the entry in Column 3 stands, no separate qualifications are prescribed in the case of candidates who are eligible for promotion by selection. The qualifications prescribed in column 3 are applicable both to the direct recruits as well as promotees. Further, statute No. 252 specifically states that the minimum qualifications shall be as specified in column 3 and statute No. 25. 4 clearly provides that in the case of appointment by promotion, no one shall be considered as eligible for such appointment until he acquires the qualifications for that post. ( 8 ) THUS, a conspectus of the relevant statutes and the schedule entry amply brings out that the framers of the statutes intended that only graduate Superintendents should be considered as eligible for promotion by selection to the post of Assistant Registrar. The post of Assistant Registrar being a responsible gazetted post deserves to be manned by persons who at least are graduates. The framers in their wisdom and by their expert experience in the line have chosen to make a provision regarding the educational qualifications and we find no acceptable reason or ground to hold that the educational qualifications shall not apply to the candidates who have to be promoted from the cadre of Superintendents. The framers in their wisdom and by their expert experience in the line have chosen to make a provision regarding the educational qualifications and we find no acceptable reason or ground to hold that the educational qualifications shall not apply to the candidates who have to be promoted from the cadre of Superintendents. It may be pertinent to observe that unlike some other entries no ratio has been specifically fixed for promotion to the post of Assistant registrar. We do not agree with the learned counsel for the respondents that an interpretation be given favourable to promotees as in the event the relevant entry is interpreted in the manner advocated by the learned counsel for the petitioner, then the non-graduate Superintendents' right of promotion to the post of Assistant Registrar would permanently be marred and this could never be the intention of the framers of the statutes. Certain posts being important have to be manned by qualified persons. Prescription of educational qualifications in such a situation is neither arbitrary nor unreasonable. The post of assistant Registrar is filled up by direct recruitment or by promotion by selection from the cadre of Superintendents as provided in Column 5. As the entry stands, there is no bar to the filling up of all the posts of Assistant Registrars by direct recruitment. In case the post is to be filled by promotion then the same is by selection. ' if the relevant entry is read in the light of the aforesaid facts, then the more plausible view is that even in the event of promotion the candidate must possess the educational qualifications prescribed in column 3 even if it hampers somebody's right to promotion. The authorities are the best persons to prescribe the qualifications suitable for a particular job. The statute and the other relevant entries in the instant case are unambiguous and clearly bring out the intendment of the statute making authority and we find no reason or ground to hold that the educational qualification in column 3 is meant only for direct recruits and not promotees. In this view of the matter, we hold that under the statute only Graduate superintendents are eligible for consideration to the post of Assistant Registrar. In this view of the matter, we hold that under the statute only Graduate superintendents are eligible for consideration to the post of Assistant Registrar. The judgment in Smt. S. V. Sulochana's case which resulted in this reference, in our view, does not deal with this question and hence it is not necessary to express any opinion one way or the other on that judgment. ( 9 ) IN the event of a finding going against the respondents on the first point, it was sought to be argued on behalf of the respondents that the Board of appointment had granted relaxation of the qualification under statute 25. 2 proviso (b) in order to ensure that respondents 2 and 4 are not deprived of the benefit of their seniority in the cadre of superintendents and in view of that relaxation the appointments of the private respondents is perfectly legal and valid. We are afraid we are unable to agree with this submission of the learned counsel. A bare look at clause (b) of the proviso to statute 25. 2 shows that relaxation can be made by the appointing authority and that too after recording reasons in writing. In this case the appointing authority is the Chancellor and admittedly no order of relaxation giving reasons has been made by the Chancellor. When under the statute it is the appointing authority which has the power to grant relaxation, we fail to understand as to how the Board of Appointments could grant the relaxation. ( 10 ) MOREOVER, the argument of the learned counsel is not supported by facts as even the Board of Appointments has not recorded any order giving reasons for relaxation. Mere recommendation by the Board of appointments on the basis of which the chancellor has made the appointment cannot be a substitute for an order in writing giving reasons for relaxation. The provisions of clause (b) of the proviso to statute 25. 2 have not at all been complied with and there has been no relaxation by the appointing authority of the educational qualification of the private respondents by the appropriate authority. ( 11 ) NO other point arises for consideration. ( 12 ) FOR the reasons recorded above, we allow this petition and quash the appointment of respondent No. 2 to the post of Assistant registrar. ( 11 ) NO other point arises for consideration. ( 12 ) FOR the reasons recorded above, we allow this petition and quash the appointment of respondent No. 2 to the post of Assistant registrar. A further direction is issued to respondent No. 3 to consider the case of the petitioner for promotion by selection to he post of Assistant Registrar from the date the was entitled to in accordance with law and in case he is found suitable, grant him all consequential benefits. In the circumstances of the case, we make no order as to costs. --- *** --- .