JUDGMENT 1. - In this writ petition, the petitioner has prayed for issuance of a writ, order or direction to quash the order dated 23rd November. 1987, whereby Nand Kishore, a Class IV Employee working in the District Court, Kota was promoted as Driver and was posted in the pay scale of Rs. 880-1680 in the court of Judicial Magistrate (Mobile). The petitioner has also prayed that he be promoted on the post of Driver with effect from 23rd November, 1987. 2. Briefly stated the facts of the case are that the petitioner was recruited by the District & Sessions Judge, Pratapgarh on 28th July, 1983, on the post of peon. It was specifically mentioned by the District & Sessions Judge, Pratapgarh that the persons having experience as driver shall be considered for the post of peon. The petitioner has further stated that he was qualified as a driver and was, therefore, recruited on the post of peon. But, in fact, he was assigned the duty as a driver. After his recruitment as a peon he worked as driver with the District & Sessions Judge, Pratapgarh. He has pleaded that he is already having a driving licence No. 24090 dated 22nd June, 1978. The petitioner has further stated in the petition that from Pratapgarh he was transferred to Kota in the capacity as peon and during his tenure of service with the then District & Sessions Judge he was assigned the duty of driver. It is further pleaded that in Kota District one post of driver was going to be vacant because of voluntary transfer request of one Ghasi Ram, driver. The Rajasthan Subordinate Employees Union, District Branch of Judicial Department, Kota made a representation to the District & Sessions Judge, Kota for promoting the petitioner to the post of driver. But, the then acting District & Sessions Judge, Kota made a noting on 1st August, 1987 that the post of driver was not vacant at that time. Subsequently, vide order dated 2nd September, 1987, passed by the Registrar, Rajasthan High Court, Jodhpur Shri Ghasi Ram driver was transferred from the Court of District & Sessions Judge, Kota to the Jaipur Bench of the Rajasthan High Court. Consequently, the post of driver fell vacant on 2nd September, 1987. Again, the said Union made a representation for promoting the petitioner to the post of Driver at Judicial Magistrate (Mobile)'s Court, Baran. Consequently, the post of driver fell vacant on 2nd September, 1987. Again, the said Union made a representation for promoting the petitioner to the post of Driver at Judicial Magistrate (Mobile)'s Court, Baran. According to Rule 12 of the Rajasthan Subordinate Service (Recruitment and other Service Conditions) Rules, 1960 which are applicable to the Judicial Department also, for promotion to the post of Driver from Class IV Employees driving licence and three years' experience as a driver is a requisite qualification. The case of the petitioner is that the petitioner is possessed of the requisite qualification and, therefore, he was entitled to be promoted to the post of Driver; but respondent No. 2 ignored the eligibility of the petitioner and promoted one Nand Kishore peon to the post of Driver in the pay scale of 880-1680, to the Special Magistrate Judicial (Mobile), Baran. The petitioner has submitted that Nand Kishore was having a driving licence bearing No. 72883 dated 6th October, 1987 but was not having the requisite experience of the three years for being promoted. 3. Notice was issued to the respondents to show as to why the writ petition be not admitted. In response to the said notice, the respondents have filed their reply. 4. In the reply filed by respondent No. 2, it has been pleaded that respondent No. 3 fulfills the requisite experience. The said respondent has further pleaded that merely because licence dated 6th October, 1987 has been obtained, it cannot be said that respondent No. 3 had no experience. 5. In the reply filed by respondent No. 1, nothing special has been mentioned except that respondent No. 1 adopts the reply filed by respondent No. 2. The main reply has been filed the respondent No. 3. In the reply, respondent No. 3 has stated that he was eligible for the post of driver under the rules and that respondent No. 2 after considering the candidature of the petitioner as well as respondent No. 3 found respondent No. 3 more suitable for the post of driver and he was rightly appointed as driver vide order dated 23rd November, 1987. 6. Shri Mahendra Swaroop Bhargava, learned Counsel for the petitioner, has submitted that the petitioner was a qualified driver. He was recruited on the post of Peon but was assigned the duty of driver. 6. Shri Mahendra Swaroop Bhargava, learned Counsel for the petitioner, has submitted that the petitioner was a qualified driver. He was recruited on the post of Peon but was assigned the duty of driver. The petitioner is having driving licence, bearing No. 24090 dated 22nd June, 1978. The petitioner worked as Driver during the tenure of the District & Sessions Judge, Pratapgarh and on his transfer he worked as Driver with the District & Sessions Judge, Kota, though he was transferred in the capacity of a peon at both the places i.e. Pratapgarh and Kota, he was assigned the duty as Driver. The petitioner, thus, had the experience of more than three years' driving. Shri Bhargava has also submitted that the petitioner was the only qualified person to be appointed as a driver as amongst other qualifications he was having a driving licence and acquired three years experience as driver in terms of Rajasthan Subordinate Services (Recruitment and other Service Conditions) Rules, 1960, which prescribes qualifications and method of recruitment and/ or promotion to the post of driver of Government vehicle in the various departments of the State Government. There is no dispute between the parties that the rules referred to above prescribe qualifications and experience for direct recruitment and/or promotion on the post of driver are applicable. The qualification and experience prescribed in the rules are as follows: "Educated upto VIII Class with heavy and light duty driving licence and three years experience as a Driver and must also possess of following: (i) Weight not more that 65 kg.; (ii) Sight 6-6 with or without glasses; (iii) Knowledge of roadside repairs 7. Shri Bhargava has contended that the petitioner was, thus, qualified but respondent No. 3 was not qualified as he was lacking in three years experience as a driver because his licence is dated 6th October, 1987. Consequently, it was evident that respondent No. 3 had no experience which is required under the aforesaid rules which are applicable to the judicial Department also for promotion to the post of Driver from Class IV Employees. 8. Shri Rastogi, learned Counsel for respondent No. 3, on the other hand, contended that respondent No. 3 had a driving licence, bearing No. 72883 dated 6th October, 1987, but in fact he had experience of driving for more than three years. 9. 8. Shri Rastogi, learned Counsel for respondent No. 3, on the other hand, contended that respondent No. 3 had a driving licence, bearing No. 72883 dated 6th October, 1987, but in fact he had experience of driving for more than three years. 9. We have given our thoughtful consideration to the submission made by the learned Counsel for the parties and have gone through the record. There is nothing on the record to prove that respondent No. 3 has any experiences of driving prior to his obtaining driving licence on 6th October, 1987, while it is proved on record that the petitioner had the requisite qualification for promotion from the post of peon to the post of Driver, as per the rules referred to above. In the circumstances, we are of the opinion that the appointment of respondent No. 3 on the post of Driver cannot be sustained as he was not qualified to be promoted as a Driver as per the rules. 10. In the premises aforesaid we allow this writ petition and quash the order 23rd November, 1987 and direct the District and Sessions Judge, Kota to consider the case of the petitioner for promotion on the post of Driver. 11. The parties are left to bear their own costs.Petition allowed. *******