JUDGMENT 1. - The petitioners in this writ petition were initially appointed as Teacher Gr. II, under Schedule Section F. General Teachers entry 8 (a) of the Rajasthan Educational Subordinate Service Rules, 1971 (for short, the Rules). The Said entry 8(a) of the aforesaid Rules in the Schedule reads as under : S. No. Name of posts Source of recruitment with percentage Minimum qualification and experience for direct recruitment Post or the posts from which promotion is to be made Qualification and experience required for promotion. Committee for direct recruitment to the post not within purview of RPSC for promotion. Seniority Remarks 1 2 3 4 5 6 7 8(a) Teachers Grade-II 50% by direct recruitment and 50% by promotion Graduate or equivalent examination with at least two subjects taught in schools with degree or diploma in Education or Montessory training. 1. Grade III Teachers, 2. Laboratory Assistants, 3. Teachers in Deaf, Dumb in Education or Montessary training. Graduate or equivalent examination with at least two subjects taught in Teachers (in Teachers Sic - Delete) in Schools with degree or diploma in Education or Montessary training 1. Jt./Deputy Director or Education of the range concerned. 2. One District Education Officer to be nominated by Director, Primary and Secondary Education. 3. One expert to be nominated by Director, Primary and Secondary Education. Rangewise- 2. Each of the petitioners is B.Sc. (Agriculture) and B.Ed. It will appear from the Entry at Sr. No. 8(a) of Section F of the Schedule to the Rules that Teacher Cr. II is general category and there is no division of the post of Teacher Gr.:1 such as Science, Articles Commerce and Agriculture. What is required for eligibility for appointment is that one should be graduate or equivalent examination with at least two subjects taught in schools, with degree or diploma in Education or Montessory Training. Each of the petitioner when they were appointed, was having the requisite qualification and (they are Sic - is) doing the work as Teacher-II, Agriculture. The petitioners were appointed on adhoc temporary basis as Junior Agriculture Teacher under Rule 28 of the Rules, which provides for urgent temporary appointment. The post of Junior Agriculture Teacher is at Sr. Each of the petitioner when they were appointed, was having the requisite qualification and (they are Sic - is) doing the work as Teacher-II, Agriculture. The petitioners were appointed on adhoc temporary basis as Junior Agriculture Teacher under Rule 28 of the Rules, which provides for urgent temporary appointment. The post of Junior Agriculture Teacher is at Sr. No. 7 of Section F of the Schedule to the Rules, which may be reproduced as under: S.No. Name of posts Source of recruitment with percentage Minimum qualification and experience for direct recruitment Xxx xxx Committee for direct recruitment to the post not within the purview of RPSC for promotion Seniority 1 2 3 4 5 and 6 7 8 7. Junior Agriculture Teacher 100% by direct recruitment B. Sc. Agriculture with Degree or Diploma in Education recognised by Government of Rajasthan 1. Director, Primary and Secondary Education 2. One District Education Officer to be nominated by Director, Primary and Secondary Education 3. One expert to be nominated by Director, Primary and Secondary Education. State-wise 3. It will appear from a perusal of the above extracted Sr.No. 7 that the post of junior Agriculture Teacher is to be filled 100% by direct recruitment and the qualifications are B.Sc. Agriculture with Degree or Diploma in Education recognised by Government of Rajasthan. Thus, no post of Junior Agriculture Teacher is to be filled up by promotion. As stated earlier, the petitioners were Teacher Gr. II and were appointed as Junior Agriculture Teacher. They were so appointed in the year 1978 and since then they are working as Junior Agriculture Teacher. 4. The posts of Junior Agriculture Teachers are now within the purview of the Rajasthan Public Service Commission. On the requisition having been received from the concerned department, the Rajasthan Public Service Commission issued a notification No. 6/89-90 dated 23rd August, 1989, inviting applications for 156 vacancies of Assistant Agriculture Teachers to be filled by direct recruitment. The petitioners applied along with hundreds of others. It appears that the petitioner did not pass the examination and were found not qualified for interview. The Rajasthan Public Service Commission must have selected 156 candidates, and even more; but the petitioners have come to this Court with the prayer that this Court should issue stay order for filling 50% of the vacancies i.e. 78 vacancies. It appears that the petitioner did not pass the examination and were found not qualified for interview. The Rajasthan Public Service Commission must have selected 156 candidates, and even more; but the petitioners have come to this Court with the prayer that this Court should issue stay order for filling 50% of the vacancies i.e. 78 vacancies. It was given out that a merit list of 68 candidates has been for-warded by the Rajasthan Public Service Commission to the Government for making appointment as junior Agriculture Teacher. 5. The question is as to whether such of the teachers Gr. II who are B.Sc. (Agri.), B.Ed. have any chances of promotion under the Rules, or not; and, if so, what is its effect ? We may presently say that so far Teachers-Gr. 11 in Agriculture are concerned, they have no chance for promotion. In other words, they are not entitled to even one promotion. It appears that there has been isolation of persons having qualification of B.Sc. Agriculture appointed as Teacher Gr.I1, whereas other teachers Gr. II namely, Science, Articles Commerce have promotional chances, earlier the post of Senior Teacher, now School Lecturer. Teachers Gr. 11 in Agriculture have no such chances of promotion. We will refer to the change in the schedule in the Rules later on, presently we refer to the schedule before it was substituted by Notification No. F. 1(1)DOP/A-II/85 dated 6th September, 1990 (for short, the substituted schedule). It will appear from Section F, to the earlier schedule that at Sr. No. 1(a) there are posts of Senior Teachers in Humanities and Commerce Group; (b) Senior Teacher in Section; (c) School Counsellors; (d) Education Extension Officers/Sub Deputy District Education Officer. These posts (a), (b), (c) and (d) are filled up 50-1o by promotion and 50% by direct recruitment. But none of the persons appointed as Teacher Gr. 11, who might have been appointed as Agriculture Teacher and may have passed graduation or equivalent examination in at least two subjects taught in Schools, with degree or diploma in Education or Montessory Training, were eligible to be appointed/ promoted to the post of Senior Teachers because there was no post of Senior Teacher in Agriculture. We have said earlier, so far as Junior Agriculture Teacher, at Sr.No. 7, Section F to the earlier Schedule to the Rules is concerned, the posts were to be filled 100% by direct recruitment. We have said earlier, so far as Junior Agriculture Teacher, at Sr.No. 7, Section F to the earlier Schedule to the Rules is concerned, the posts were to be filled 100% by direct recruitment. Therefore, Teacher-II (Agriculture) as such were not eligible for promotion as none of the aforesaid posts was meant to be filled in by promotion. The learned counsel for the petitioners stated that some of the persons who appeared in the examination and interview conducted by the Rajasthan Public Service Commission to fill up the said posts were not allowed to be interviewed on the ground that those posts at Item No. 7 of the Schedule were to be filled by promotion. We are satisfied and we are of the opinion that so far as Teachers Gr.II (Agri.) are concerned, or Teachers Gr. II who have passed B.Sc. (Agri.) B.Ed. are concerned, there are no chances of promotion in the earlier schedule to the Rules. 6. Now, let us examine the case of the petitioner in the light of the substituted schedule substituted by Notification dated 6th September, 1990, a reference to which has already been made in the earlier part of this order. It wilt appear that in Group-F of Schedule-I appended to the said Rules, new entries at Sr.No. 3 (a) (b) and (c), 5 (a, b, c and d) and 6 have been added. Now, the posts of School Teacher in various subjects have been provided. So far as Sr.No. 6 of the Schedule is concerned, there are posts of Lecturer in Agriculture (School Education), which are to be filled in 50% by direct recruitment and 50% by:promotion, but the posts from which promotion is to take place are "Junior Agriculture Teacher" (of Section F in Schedule appended with the Rajasthan Educational Subordinate Service Rules, 1971). It will, therefore, appear that unless one is holding the post of Junior Agriculture Teacher, he has no right of consideration for promotion to the post of School Lecturer in Agriculture against 50% quota fixed for promotion. 7. Now, referring to the earlier schedule, it will be proper to say that unless one is holding the post of Junior Agriculture Teacher, he is not entitled for consideration for promotion to the post of Lecturer in Agriculture (School Education) against 50% quota fixed for promotion. 7. Now, referring to the earlier schedule, it will be proper to say that unless one is holding the post of Junior Agriculture Teacher, he is not entitled for consideration for promotion to the post of Lecturer in Agriculture (School Education) against 50% quota fixed for promotion. It was contended by Shri K.K. Sharma, learned counsel, who was allowed to intervene on behalf of some persons who claimed to have been selected by the Rajasthan Public Service Commission, though no merit list has been forwarded as yet, that one could have applied for appointment as Junior Agriculture Teacher and if appointed, he would have been eligible for promotion to the post of Teacher in Agriculture (College Education). We find no merit in this contention. One may be eligible on the basis of merit against the post meant for direct recruitment, but one seclude candidate may also be eligible to be considered for promotion against promotion quota.. The Supreme Court in Raghunath Prasad Singh v. Secretary, Home (Police) Department, Government of Bihar, ( AIR 1988 SC 1033 ) was considering the promotional avenues in the wireless organisation in the Police Department of the State of Bihar. The concerned rules did not provide for any avenue for promotion. The Court said that reasonable opportunities for two promotions should be available in every wing of public service. That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly. The Supreme Court then directed as under : "We would, therefore, direct the State of Bihar to provide at least two promotional opportunities to the officers of the State Police in the wireless organisation within six months from today by appropriate amendments of Rules. In case the State of Bihar fails to comply, with this direction, it should, within two months thereafter, give a fresh opportunity to personnel in the police wireless organisation to exercise option to revert to the general cadre and that benefit should be extended to every one in the wireless organisation." (emphasis applied). 8. It is, therefore, clear from the above view of the Supreme Court that it is necessary in the interest of Governmental functioning that at least two promotional opportunities should be provided to every wing of public service. 8. It is, therefore, clear from the above view of the Supreme Court that it is necessary in the interest of Governmental functioning that at least two promotional opportunities should be provided to every wing of public service. In the instant case, it will be proper to say that so far as Teachers Gr.II (Agriculture) are concerned, they have no chance of even one promotion. They cannot be promoted as Junior Agriculture Teacher as all those posts are to be filled in 100% by direct recruitment. They also cannot be promoted to be post of Lecturer in Agriculture (School Education) because the channel of promotion is only from Junior Agriculture Teacher. We are of the opinion that some ratio or some percentage should be reserved for the posts of Junior Agriculture Teachers being filled up by promotion from amongst Teacher Gr. 11. Then such of the teachers Gr.II (Agriculture) who may be promoted as Junior Agriculture Teachers will have one more chance of promotion as Lecturer in Agriculture (School Education) under item 6 to the substituted schedule to which a reference has been made earlier and, thus, it will provide two chances of promotion to such of the Teacher Gr.II who are initially appointed as Teacher Gr.II and who are B.Sc. (Agriculture) and B.Ed. and they can go up to Lecturer in Agriculture and perhaps thereafter to further posts by promotion. What percentage of quota should be made available for promotion is a matter of policy and is to be decided by the concerned authority, whether it should be 50% or less, to provide promotional opportunities to such teachers in various schools throughout the State of Rajasthan, is for the State Government to decide. The State Government would provide reasonable quota of posts of Junior Agriculture Teachers which itself may be filled in by promotion from Teacher Gr.11 with B.Sc. (Agriculture) and B.Ed. qualifications. It will be reasonable to provide some quota to be filled by promotion from amongst the aforesaid Teacher Gr.II, in the Schedule or Rules and the entry in the Schedule in relation to the post of Junior Agriculture Teacher, more so Column 3 should be suitably and reasonably amended providing ratio for promotion from Teacher Gr.11 (Agriculture). qualifications. It will be reasonable to provide some quota to be filled by promotion from amongst the aforesaid Teacher Gr.II, in the Schedule or Rules and the entry in the Schedule in relation to the post of Junior Agriculture Teacher, more so Column 3 should be suitably and reasonably amended providing ratio for promotion from Teacher Gr.11 (Agriculture). Column 3 providing 100% by direct recruitment is un-reasonable and discriminatory in as much as when promotional chances are provided to Teacher Gr.11 in other subjects they are not so provided for the class of teachers in Agriculture. 9. Consequently, we allow the writ petition and declare entry 100% in column 3 against item No. 7 of Sec. F of the Schedule to the Rules as invalid, as it stands. It will not debar the State Government from making appointments from the merit list sent for by the Rajasthan Public Service Commission and further list which may be sent in view of this order. We direct the competent authority/State Government to amend the entry under column 3 of item 7 of Sec. F of the Schedule to the Rules in the light of the observations made above and provide some quota/ratio, a reasonable one for filling the posts of Junior Agriculture Teacher by promotion from amongst Teachers Gr.II in Agriculture also. The Government should take an early decision in the matter in view of this order and if any decision is so taken, the Government should ask the Rajasthan Public Service Commission to forward further merit list of the selected candidates to make appointment thereunder to the extent of quota provided for direct recruitment. This should be done within a period of two months from the date the copy of this judgement is made available to the concerned authorities. 10. We make it further clear that if the amendment of the rules may take some time, the Government will be free to make appointments under this order even on the basis of the proposed change in the rules providing ratio/quota of promotion and direct recruitment. Till, then, the persons who were promoted /appointed on adhoc temporary basis as Junior Agriculture Teacher, except to accommodate the persons from the list forwarded by the Rajasthan Public Service Commission, shall continue. 11. The writ petition is allowed as indicated above, with no order as to costs.Writ Petition allowed. *******