Judgment 1. Petitioner seeks a writ of certiorarified mandamus, calling for the records relating to the orders of the 1st respondent, dated 2.3.1993, issued in Ref.No.090400/PER/476/93, quash the same and direct the respondents to award 12 marks to the petitioner under the caption educational qualification basing on the certificate issued by the Indian Air Force, with all consequential benefits. 2. Admittedly, the petitioner, who is an ex-serviceman, is entitled for the benefit of the rules framed under Art.309 of the Constitution of India, regulating the re-employment of ex-servicemen in Central Civil Services and posts, as amended by the notification dated 12.2.1998 issued by the Government of India Clause.(4) of which reads as follows: (4) For appointment to any reserved vacancy in Group C posts a matriculate ex-servicemen (which term includes an ex-servicemen, who has obtained the Indian Army Special Certificate in the Navy or the Air Force) who has put in not less than 10 years of service in the Armed Forces of the Union may be considered eligible for appointment to the post for which the essential educational qualification prescribed is graduation and where, (a)Work experience of technical or professional nature is not essential or (b)Though non-technical professional work experience is prescribed as essential, yet the appointing authority is satisfied that the ex-servicemen is expected to perform the duties of the post by undergoing on the job-training for a short duration.” 3. After satisfying the educational qualification of the petitioner, in the light of Clause (4) of the Notification, dated 12.2.1986, referred to above, the petitioner was re-employed as an Assistant in the respondent company, with effect from 1.11.1978, As per the promotional rules of the respondent company, the petitioner is entitled to be promoted as Senior Assistant. 4. Admittedly, the petitioner had completed seven years of service as Assistant in the respondent company. After the completion of seven years of service, petitioner was considered for promotion to the post of senior assistant. However, the petitioner was treated as a candidate qualified with higher secondary certificate and he was awarded with only seven marks, which necessitated the petitioner to make representations to the respondents, claiming that he is entitled to 12 marks as his qualifications of Higher Secondary with fifteen years of service in the Armed Force has to be treated as graduation. However, the petitioner was treated as a candidate qualified with higher secondary certificate and he was awarded with only seven marks, which necessitated the petitioner to make representations to the respondents, claiming that he is entitled to 12 marks as his qualifications of Higher Secondary with fifteen years of service in the Armed Force has to be treated as graduation. However, his request was rejected by the respondents by proceedings dated 2.3.1993, which is impugned in the above writ petition. 5. Ms.K.Suguna, learned counsel for the petitioner, placing reliance on the memorandum, dated 14.10.1991, issued by the Department of personnel and training, contends that the benefit granted to the petitioner, under Clause (4) of the Notification dated 12.2.1986, has to be extended to the petitioner even at the time of considering the petitioner for promotion from the post of Assistant to the post of senior Assistant, by awarding 12 marks, treating him as a graduate, as per the certificate issued by the Indian Air force, referred to above. 6. Per contra, Mrs.Chitra Sampath, learned counsel for the respondents, contends that Clause (4) of the Notification dated 12.2.1986, is applicable to ex-servicemen only when they are considered for any of the reserved vacancies in Group C category; even assuming that the benefit of the Notification dated 12.2.1986 is extended even to the promotion post as per the office memorandum dated 14.10.1991, even for the purpose of promotion to the higher grade, the same is applicable only if the promotion post is also reserved for ex-servicemen or otherwise the benefit conferred under clause (4) of the Notification dated 12.2.1996 cannot be extended to the promotion posts, which are not reserved for ex-servicemen and, therefore, the petitioners qualification cannot be considered as graduation and consequently he is not entitled to claim 12 marks. 7. 1 have given my careful consideration to the submissions of both sides. 8. It is not in dispute that the petitioner, who is an ex-servicemen, had been certified by the Indian Armed Service that he can be considered educationally qualified for Group C category, for which the prescribed qualification is graduation. Therefore, the petitioner was considered and appointed as assistant in the respondent-company, on 1.11.1978, after satisfying with his educational qualification prescribed under Clause (4) of the notification, dated 12.2.1986, referred to above. 9. Therefore, the petitioner was considered and appointed as assistant in the respondent-company, on 1.11.1978, after satisfying with his educational qualification prescribed under Clause (4) of the notification, dated 12.2.1986, referred to above. 9. The Department of Personnel & Training, by memorandum dated 14.10.1991, clarified that the relaxation of the educational qualification granted to ex-servicemen for their entry into service shall also apply for the purpose of promotion to higher grade. The Office Memorandum dated 14.10.1991, reads as follows: “The undersigned is directed to say that in this Departments O.M.No. 14023/1/90-Estt.(D), dated 21.5.1991 (Published in Swamys news S1.No. 199 of July, 1991), the words “subject to the condition that no qualification higher than which prescribed for entry in the feeder grade is laid down for the purpose of such promotion” May be deleted and the sentence may be read as “it is clarified that relaxation of educational qualifications granted to ex-servicemen for entry into services envisaged in this Departments Notification of even number, dated 12.2.1986 shall also apply for the purpose of promotion to the higher grade.” 10. It is clear from the official memorandum, dated 14.10.1991 that Clause (4) of the Notification dated 12.2.1986 has got two objects viz., (i) relaxation of educational qualification granted to ex-servicemen and (ii) granting such relaxation at entry point in the reserved vacancy. However, the official memorandum dated 14.10.1991 extends the relaxation of educational qualification granted to ex-servicemen for entry into the services as envisaged in the Notification dated 12.2.1986 for the purpose of promotion to the higher grade also but does not restrict it only to the reserved vacancies. However, the official memorandum dated 14.10.1991 extends the relaxation of educational qualification granted to ex-servicemen for entry into the services as envisaged in the Notification dated 12.2.1986 for the purpose of promotion to the higher grade also but does not restrict it only to the reserved vacancies. In my considered opinion, the relaxation of educational qualification granted to ex-serviceman at the time of entry into service has to be extended even for the promotion post as against the general vacancy or against reserved vacancy meant for ex-servicemen as there is no restriction in extending such relaxation in the memorandum dated 14.10.1991 and therefore, the petitioner who obtained a special certificate from the Indian Army and treated as a graduate as per the certificate of Indian Air Force, is entitled to be considered as a graduate while considering him for promotion to the post of Senior Assistant and he is entitled to the award of 12 marks instead of treating him as a Higher Secondary/Intermediate qualified person and awarding 7 marks, as it is not disputed that the intention behind the notification is to extend certain legitimate benefits to the ex-servicemen while considering them for re-employment in Central Civil Services and posts, which includes the right for promotion in such services. Once the petitioner is certified to possess the minimum prescribed qualification as graduate for entry into service under the Rules made under Art.309 of the Constitution of India, such benefit cannot be taken away for the purpose of his promotion to the higher post. Refusal to extend such benefit and the consequential denial of grant of 12 marks to the petitioner is, therefore, arbitrary and unreasonable and runs counter to the spirit and substance of the memorandum dated 14.10.1991. 11. Hence, the impugned proceedings dated 2.3.1993 stands quashed and consequently, the respondents are directed to award 12 marks to the petitioner while considering him to the post of senior assistant and pass appropriate orders in that regard. The writ petition is allowed. No costs.