Judgement- By means of this writ petition the petitioner has challenged the order dated 27.07.2001 passed by the District Magistrate, Chamoli granting promotion to Patwaris as Registrar Kanungo and Assistant Registrar Kanungo in the pay scale of 4000-6000. The petitioner who is working as Lekhpal in district Chamoli has challenged the aforesaid order solely on the ground that some of the persons, namely, respondents no. 4 to 8 have been promoted in violation of rules. The rules provide that the Lekhpal who is not more than 35 years of age and has completed six years of service may be promoted to the post of Assistant Registrar Kanungo. Further the Person who has completed three years service as Assistant Registrar Kanungo can be promoted to the post of Registrar Kanungo. The contention of the petitioner is that respondents no. 4 to 8 have completed 35 years of age on the date of promotion and as such promotion was granted by the respondent no. 1 in violation of rules. The petitioner has filed the seniority list of Lekhpals working in district Chamoli as proof of the date of birth of respondents no. 4 to 8. Since the promotion granted was against the rules the petitioner filed a representation on 3.10.2001, which was not decided, and consequently he has challenged the order of promotion. 2. Heard Sri Mangal Singh Chauhan learned counsel for the petitioner, learned Chief Standing Counsel, Sri Rajendra Dobhal and Sri R.P. Nautiyal learned counsel for respondents no. 4 to 8. 3. Learned Chief Standing Counsel has filed two counter affidavits. In the first counter affidavit it has not been disputed that the respondents no. 4 to 8 were more than 35 years of age at the time of promotion. Further it has been stated in the counter affidavit that since there is a provision for; relaxation of age and the relaxation has been granted by the Chief Revenue Officer, Uttaranchal the petition has no force and it is liable to be dismissed. In another counter affidavit the State has taken a stand that the rules referred to by the petitioner have been amended in the year 1962 and as per new amended rules the age bar of 35 years has been deleted. In another counter affidavit the State has taken a stand that the rules referred to by the petitioner have been amended in the year 1962 and as per new amended rules the age bar of 35 years has been deleted. He has further stated that by government order dated 22.2.1995, the post of Assistant Registrar Kanungo and Registrar Kanungo have been declared equal in rank and the same pay scale has been prescribed for both the posts which was Rs. 1200-204 at the time of issuance of aforesaid government order. Now the same has been revised to 4000-6000. Learned Chief Standing Counsel has further submitted that there was no Assistant Registrar Kanungo in district Chamoli at the time of issuance of impugned order as such considering the fact that both the posts of Registrar Kanungo and Assistant Registrar Kanungo have same pay scale and are inter transferable the Patwaris who had completed more than six years continuous satisfactory service were promoted to the post of Registrar Kanungo and the Patwaris who had completed more than six years but lower in seniority were promoted to the post of Assistant Registrar Kanungo and as such there is no illegality in promoting respondents no. 4 to 8 to the posts of Assistant Registrar Kanungo and Registrar Kanungo. Similar submission has been made by Sri Rajendra Dobhal and Sri R.P. Nautiyallearned counsel for respondents no. 4 to 8. 4. The services of Assistant Registrar Kanungos and Registrar Kanungos are governed by the rules known as Uttar Pradesh Subordinate Revenue Ministerial (Registrar Kanungos and Assistant Registrar Kanungos) Service Rules, 1958. As per rule 4 the Collector shall be the appointing authority in respect of Registrar Kanungos and Assistant Registrar Kanungos in each district. Rule 7 provides sources of recruitment. The method of recruitment has been given in rule 8 which is quoted as under:- "8. Method of recruitment.-(i) For purposes of recruitment of Registrar Kanungos under rule 7, selection shall be made on the basis of seniority subject to the rejection of the unfit from amongst the permanent Assistant Registrar Kanungos who have put in not less than three years service as such on the first day of January of the year in which the selection is made. (ii) (a) For purposes of recruitment of Assistant Registrar Kanungos selection shall be made on the basis of seniority subject to the rejection of the unfit from amongst the Lekhpals who have been nominated under clause (b) of this sub-rule. Note- A candidate who is rejected as unfit will be held unfit for that concession only and his case will be duly considered at every subsequent selection. (b) The Collector shall, in September each year, ascertain the likely number of vacancies in the district cadre of Assistant Registrar Kanungo and ask each Sub-Divisional Officer in his district to nominate, after the winter tour, a certain number of Lekhpals, to be fixed by him, who have put in not less than six years' service as Lekhpal on the first day of January of the year in which the nomination is made, have passed the Junior or High School Examination (with English) or an equivalent or higher examination of the State, are not more than 35 years of age on the first day of January of the year in which the nomination is made and are considered suitable for promotion as Assistant Registrar Kanungos. Provided that preference shall be given to those with better educational qualifications and record of service. The Collector will consider the case of all the candidates nominated under clause (b) and may, at his discretion, interview at the head quarters of the district such of them as he may consider necessary. In selecting the candidates for promotion regard shall be had to (1) record of previous service, (2) integrity (3) character, and (4) intelligence and ability preference being given to those with better educational qualifications and record of service. (e) The Collector shall prepare a list containing the names of Lekhpals whom he has selected for promotion. The number of candidates on the list shall be as indicated in clause (f) below (f) The names of Lekhpals selected under clause (a) above shall be brought on a list to be maintained by the Collector for his district. The names of listed candidates shall be arranged according to the date of their selection, provided the Lekhpals selected on the same date shall rank inter se according to their substantive pay prior to selection, and, if of equal pay, according to the length of their service. The names of listed candidates shall be arranged according to the date of their selection, provided the Lekhpals selected on the same date shall rank inter se according to their substantive pay prior to selection, and, if of equal pay, according to the length of their service. The number of Lekhpals on the list shall be approximately, two-thirds of the number of vacancies likely to occur in the district cadre of Assistant Registrar Kanungos over a period of three years but shall not be less than two-thirds of the number of Assistant Registrar Kanungos sanctioned for the district." 5. Thus as per rule 8 for the purpose of recruitment of Registrar Kanungos selection shall be made on the basis of seniority subject to the rejection of unfit from amongst the permanent Assistant Registrar Kanungos who have put in not less than three years' service on the first day of January of the year in which the selection is made. Similarly, for the purpose of recruitment of Assistant Registrar Kanungos selection shall be made on the basis of seniority subject to the rejection of unfit from amongst the Lekhpals who had been nominated under clause (b) of rule. 6. Thus as per clause (b) Lekhpal who has put in not less than six years' service on the first day of January of the year in which the nomination is being made and has passed Junior or High School examinations and is not more than 35 years of age on the first day of January of the relevant year may be nominated for promotion as Assistant Registrar Kanungos. Rule 9 (ii) provides that the Director may, as a special case, exempt a Lekhpal from the age limit or educational qualification in the interest of fair dealing or public interest. 7. The aforesaid rules were amended in the year 1962. Rule 9 (ii) provides that the Director may, as a special case, exempt a Lekhpal from the age limit or educational qualification in the interest of fair dealing or public interest. 7. The aforesaid rules were amended in the year 1962. The following amendment was made in rule 8 of 1958 rules :- "In rule 8 (A) in sub rule (i), between the words "Assistant Registrar Kanungos" and "who have put in not less than", the words "and the Land Records Clerks appointed from amongst Lekhpals" shall be inserted : and (B) after sub-rule (i), the following shall be added as another sub-rule : "(I-a) A common gradation list of permanent Assistant Registrar Kanungos and Land Records Clerks appointed from amongst Lekhpals shall be maintained according to their date of confirmation on their substantive posts for the purpose of their selection to the post of Registrar Kanungo, provided that, if in two cases the date of confirmation is the same, seniority shall be determined according to the dates of their substantive appointments as Lekhpals and if their date of substantive appointment is also the same, seniority shall be determined in accordance with their age" and (C) in sub-rule (ii) (i) in clause (b), to delete the word "or" occurring between the words "have passed the Junior" and "High School Examination" and the words "are not more than 35 years of age on the first day of January of the year in which the nomination is made" occurring between the words "higher examination of the State" and "and are considered suitable" shall be deleted, (ii) in the first sentence of clause (f), for the words "clause (a)" the words "clause (e)" shall be substituted, and (iii) in clause (f), for the second sentence beginning with the words "the names of listed candidates" and ending with the words "length of their service" the following shall be substituted: "The names of listed candidates shall be arranged according to the date of their selection, provided that the Lekhpals selected on the same date shall rank inter se according to their respective positions on the gradation list of Lekhpals". 8. The petitioner who was otherwise qualified to be nominated for promotion to the post of Assistant Registrar Kanungo was not selected for promotion. The first submission of the petitioner is that since respondents no. 8. The petitioner who was otherwise qualified to be nominated for promotion to the post of Assistant Registrar Kanungo was not selected for promotion. The first submission of the petitioner is that since respondents no. 4 to 8 have completed more than 35 years of age they were not entitled to get promotion. We find no force in the argument. The rules under which the maximum limit age of 35 years was prescribed for being promoted to the posts of Assistant Registrar Kanungo from Lekhpal were amended in the year 1962 and the restriction of age limit has been deleted by the said amendment. The learned counsel for the petitioner further submitted that assuming that the rule has been amended and the bar to promotion of Lekhpals who have crossed 35 years of age has been removed the respondents no. 4 to 8 were given promotion under 1958 rules which is clear from the fact that the District Magistrate Chamoli has recommended for relaxation of age and the Chief Revenue Commissioner has relaxed the age limit in respect of respondents no. 4 to 8. It appears that the District Magistrate was not aware of the amended rules of 1962 and consequently he proceeded under the old rules and sought relaxation in age limit from the competent authority. Whereas the fact is that there was no need to seek relaxation in age limit after amendment of rules. The petitioner further submitted that in case the promotion of respondents no. 4 to 8 is held to be against law he will act a chance for promotion to the cast of Assistant Registrar Kanungo. We find no force in this argument also as the promotion of the respondents no. 4 to 8 is in accordance with amended 1958 rules. It is well settled law that once it is found that the authority possess power the exercise of same under wrong provision will not render the order illegal or invalid. There was no need for District Magistrate Chamoli to seek relaxation in age of the respondents as the bar of 35 years was removed by amendment in the rules. Even under un amended rules the provision for relaxation of age limit by the competent authority was there and the competent authority accordingly has granted relaxation. 9. In view of the reasons mentioned above the petition has no force and is dismissed. Even under un amended rules the provision for relaxation of age limit by the competent authority was there and the competent authority accordingly has granted relaxation. 9. In view of the reasons mentioned above the petition has no force and is dismissed. No order as to costs.