ORDER 1.Leave granted. 2. The appellants are holding the post of "Deputy Chitnis" in the District Panchayat, Mehsana in the State of Gujarat. Respondents 1 to 10 are holding the post of Senior Clerk in the District Panchayat, Mehsana. The post of Deputy Chitnis is a promotional post from the post of a Senior Clerk. The appellants were also originally holding the post of Senior Clerks. 3. The Panchayat Services (Senior Clerk and Avalkarkun Qualifying Examination) Rules, 1976 (hereinafter referred to as "the 1976 Rules") govern the superior Panchayat Service which covers Clerks, Senior Clerks and Avalkarkuns. By an amendment of the 1976 Rules made in 1990, Senior Panchayat Service now includes Clerks, Senior Clerks, Deputy Chitnis, Deputy Mamlatdar, Assistant Taluka Development Officer, Deputy Taluka Development Officer and Taluka Panchayat Officer. Avalkarkun is now replaced by Deputy Chitnis and these other categories of employees. 4. Rule 4 of the 1976 Rules provides as follows: "Every person of the Superior panchayat Service, who is eligible for appointment to a higher post, shall be required to pass the departmental a examination after he has completed five years continuous service and within a period of three years from the date he is granted permission to appear at the departmental examination for the first time, strictly according to his seniority in accordance with the provisions of Rule 14." 5. Under Rule 5 the departmental examination shall have to be passed in not more than three chances within the specified period. Rule 9 provides for retention of original seniority on passing departmental examination within the specified chances and within the specified period. Therefore, Senior Clerks are required to pass the departmental examination) for promotion to the post of Deputy Chitnis. 6. Under a notification dated 24-9-1990 issued by the Panchayats and Rural Housing Department, Government of Gujarat, the Gujarat Panchayat Services (Senior Clerk and Avalkarkun Qualifying Examination) Rules, 1976 were amended. In Rule 4, after sub-rule (4) the following sub-rule (5) was added: "4. (5) Persons who have passed the relevant examination under the Gujarat Development Service Lower Standard and Higher Standard Departmental Examination Rules, 1979, shall be exempted from passing the departmental examination." 7. The Gujarat Development Lower Standard and Higher Standard Departmental Examination Rules, 1979 (hereinafter referred to as "the 1979 Rules") prescribe a departmental examination for promotion to higher level posts. 8. The Gujarat Development Lower Standard and Higher Standard Departmental Examination Rules, 1979 (hereinafter referred to as "the 1979 Rules") prescribe a departmental examination for promotion to higher level posts. 8. The appellants have passed the higher examination meant for promotion to the post of Taluka Development Officer held under the Gujarat Development Lower Standard and Higher Standard Departmental Examination Rules, 1979. Hence, by virtue of amended Rule 4(5) of the 1976 Rules, they are exempt from passing the departmental examination under the 1976 Rules. Accordingly, by an order dated 26-11-1992 issued by the Office of the District Panchayat, Establishment Branch, the appellants along with other persons who had passed the said examination under the 1979 Rules, were granted exemption from the departmental examination under the 1976 Rules. The appellants were thereupon promoted to the post of Deputy Chitnis. Respondents 1 to 10 who had not appeared and/or not passed the departmental examination under the said 1979 Rules were not granted a similar exemption. Since Respondents 1 to 10 had also not passed the departmental examination under the said 1976 Rules, they were not promoted to the post of Deputy Chitnis. Respondents 1 to 10 challenged the promotion granted to the appellants before the Gujarat State Civil Services Tribunal. The Tribunal by its judgment and order dated 8-9-1993 quashed the promotions granted to the appellants and ordered that Respondents 1 to 10 should be considered for promotion irrespective of the fact that they had not passed the departmental examination under the 1976 Rules. The appellants as well as the Mehsana District Panchayat filed special civil applications before the High Court of Gujarat in respect of the order of the Tribunal. The High Court has dismissed the special civil applications and has upheld the order of the Tribunal. Hence these appeals have been filed before us. 9. In view of the amendment made by the notification of 24-9-1990 in Rule 4 of the said Rules of 1976, it is clear that all those persons who have passed the relevant examination under the Gujarat Development Service Lower Standard and Higher Standard Departmental Examination Rules, 1979 are exempted from passing the departmental examination under the said Rules of 1976. This is an express amendment to the said Rules of 1976. This is an express amendment to the said Rules of 1976. It clearly provides for exemption from passing the departmental examination under the 1976 Rules to those who have passed the relevant examination under the said Rules of 1979. The appellants have passed the higher examination under the Rules of 1979. They are, therefore, clearly exempted from passing the departmental examination under the said Rules of 1976. The order, therefore granting them exemption from the departmental examination under the 1976 Rules and promoting them to the higher post, is in accordance with the said Rules of 1976. Respondents 1 to 10 who have not passed the departmental examination under the said Rules of 1979 cannot be put on a par with the appellants. Respondents 1 to 10 have not qualified for promotion in terms of Rules 4 and 5 of the said 1976 Rules. The High Court was, therefore, not right in holding that they should be treated as on a par with the appellants and should be promoted irrespective of whether they passed the departmental examination or not. 10. A grievance appears to have been made by Respondents 1 to 10 before the Tribunal and the High Court that departmental examinations were not being held under the said Rules of 1976. The appellants have filed an affidavit before us setting out that from September 1994 onwards four departmental examinations have, in fact, been held under the said Rules of 1976. This grievance of Respondents 1 to 10 also does not now survive. 11. In the premises the appeals are allowed and the judgment and orders of the High Court as well as the Gujarat State Civil Services Tribunal are set aside. In the circumstances, however, there will be no order as to costs.