S. R. NAYAK, J, J. ( 1 ) PETITIONERS 1 to 11 and respondents 3 to 8 are employees serving in the last grade service either as process servers or attenders in the West godavari unit of the Judicial Department. The District Judge, West Godavari at Eluru, the 2nd respondent herein, by proceedings dated 28. 8. 1999 and 18. 9. 1999 promoted respondents 3 to 8 herein to the post of record Assistants while denying the same to the petitioners. Hence this writ petition assailing the validity of the action of the 2nd respondent in promoting respondents 3 to 8 to the post of Record Assistant. ( 2 ) THERE is no controversy between the parties that all the petitioners are seniors to respondents 3 to 8 in the category of process servers and attenders, which posts are feeder posts for appointment to the post of Record Assistant. ( 3 ) THE Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India has framed rules called a. P. General Subordinate service Rules (hereinafter referred to as rules , for brevity) vide G. O. Ms. No. 965 general Administration (Ser. B) dated 21. 10. 1995. Rule 5 of the said Rules provides that no person shall be eligible for appointment to the categories specified in column (1) of the Annexure to the Rules by the method specified in Column (2) unless he possesses the qualifications prescribed in the corresponding entry in Column (3) thereof. The entry as regards the post of record Assistant reads annexure class and Category method of Appointment qualifications (1) (2) (3) class A: (1) (a) Record Asst. Appointment by Transfer must have passed 10th Class or its equivalent qualification. ( 4 ) AS could be seen from the annexure, the only qualification prescribed for appointment to the post of Record assistant is that the candidate must have passed X Class examination or its equivalent qualification. Admittedly, all the petitioners do possess the prescribed minimum educational qualification. The mode of recruitment to the post of Record Assistant is by way of appointment by transfer and on the basis of seniority cum fitness. Admittedly, all the petitioners do possess the prescribed minimum educational qualification. The mode of recruitment to the post of Record Assistant is by way of appointment by transfer and on the basis of seniority cum fitness. When this is the rule position, it appears, the 2nd respondent herein, conducted a written test to the candidates who came within the zone of consideration for appointment to the post of Record Assistant and on the basis of the relative merits of the candidates in the said test, selected and appointed respondents 3 to 8 to the post of Record Assistants, though admittedly all of them are juniors to the petitioners. The procedure and the method adopted by the learned District Judge is ex- fade illegal and in breach of the statutory rule. ( 5 ) ALTHOUGH respondents 3 to 8 are served with notice, they remain unrepresented. ( 6 ) FOR the foregoing reasons, we hold that the proceedings appointing respondents 3 to 8 to the posts of Record Assistants cannot be sustained. ( 7 ) IN the result, we allow the writ petition quash the impugned proceedings promoting the respondents 3 to 8 to the posts of Record Assistants. Consequently the appointment of respondents 3 to 8 to the posts of Record Assistants are set aside. A direction shall issue to the 2nd respondent- district Judge, West Godavari, Eluru to consider the cases of the petitioners and respondents 3 to 8 for appointment to the post of Record Assistants, strictly in accordance with rules. No costs.