R. K. AGRAWAL, J. ( 1 ) BY means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Rakesh Khare, seeks the following reliefs:. " (a) issue a writ order or direction in the nature of mandamus commanding the respondents to award one priority mark for 3 years (Part time) Post Graduate Diploma in Business administration from Allahabad University for computing priority list for the purpose of promotion and officiation and amend the seniority list as published vide letter dated 7. 8. 97 and also prepare seniority list of subsequent years awarding one priority mark for the aforesaid degree. (b) issue any other suitable writ order or direction which this Honble Court may deem fit and proper in the facts and circumstances of the case. (c) allow the writ petition with costs. " ( 2 ) BRIEFLY stated the facts giving rise to the present writ petition are as follows:according to the petitioner he was appointed as Cashier/clerk on 16. 11. 1976 in the then New bank of India Ltd. , a schedule bank, which was later on in the year 1980 nationalized and was re-named as New Bank of India. He was promoted on the post of Head Cashier on 2ndaugust, 1989. The Government of India vide notification dated 4thseptember, 1993 amalgmated New bank of India with Punjab National Bank and all the employees of the New Bank of India by. virtue of amalgamation became employees of Punjab National Bank. The Government of India vide another notification dated 8thdecember, 1993 decided the matter of re-deployment/seniority criteria for eligibility for selection to the post of supervisor as also for the selection to the post of next cadre i. e. Junior Management Scale Grade-I. It provided that only half of the services rendered in the erstwhile New Bank of India shall be counted while deciding the eligibility criteria for promotion only. After the amalgamation of the New Bank of india with the Punjab National Bank, the Punjab National Bank vide letter dated 4thseptember, 1993 called upon the petitioner to notify his willingness to continue with the Punjab National bank to which the petitioner submitted his reply vide letter dated 7thjanuary, 1994. In the said letter he gave the details of his educational qualification along with supporting documents. In the said letter he gave the details of his educational qualification along with supporting documents. According to the petitioner, he was not given proper placement in the seniority list and as he was being deprived of promotional chances, he submitted a representation vide letter dated 10th february, 1994 to the Manager, Punjab National Bank, Vivekanand Marg Branch, Allahabad giving his educational qualifications and other particulars requesting the Bank to give him proper placement in the seniority list. When no action was taken, the petitioner sent on 17. 5. 1997 another representation to the Regional Manager, Punjab National Bank, Regional Office, varanasi for inclusion of his name in the seniority list. It is stated by the petitioner that a settlement dated 1. 11. 1988 regarding procedure and policy concerning posting of clerks as special assistants and other related matters was arrived at between the employees and the management which was subsequently modified vide settlement dated 30thjanuary, 1997. The regional Office, Punjab National Bank, Varanasi published the seniority list of the clerical cadre of its employees working in the Allahabad City on 7thaugust, 1997 wherein the name of the petitioner finds place at serial No. 86-A. Not satisfied with his placement, the petitioner made another representation on 17thfebruary, 1998 to the Regional Manager, Punjab National Bank, regional Office, Varanasi stating that his priority marks have been incorrectly stated as 15 when according to the criteria laid down, he is entitled for 16 priority marks as on 1. 1. 1997. The regional Office of the Punjab National Bank, Varanasi vide letter dated 16thmay, 1998 had informed the petitioner that he is not entitled for any priority marks for Post Graduate Diploma in Business Administration done by him from the University of Allahabad because the said qualification is recognized for the purposes of recruitment to a supervisory post and services under the Government of India only whereupon the petitioner submitted another representation on 22ndmay, 1998 to the Chairman, Punjab National Bank, New Delhi. In the said representation the petitioner has also enclosed copies of the Government Orders dated 11. 2. 1970 and 30thjune, 1969 as also photostat copy of Post Graduate Diploma in Business Administration granted by the University of Allahabad. A copy was also endorsed to the Government of India, ministry of Human Resources Development, New Delhi. In the said representation the petitioner has also enclosed copies of the Government Orders dated 11. 2. 1970 and 30thjune, 1969 as also photostat copy of Post Graduate Diploma in Business Administration granted by the University of Allahabad. A copy was also endorsed to the Government of India, ministry of Human Resources Development, New Delhi. The Government of India, Ministry of human Resources Development, New Delhi on 18thaugust, 1998 informed the petitioner that the diplomas and degrees awarded by the University of Allahabad are automatically recognized and further advised him to contact the Association of Indian Universities, New Delhi. Pursuant to the information given by the Government of India, Ministry of Human Resources development, New Delhi, as contained in its letter dated 18thaugust, 1998, the petitioner sent a representation to the Association of Indian Universities, New Delhi to take up the matter with the punjab National Bank, New Delhi so as to ensure awarding of priority marks for the Post graduate Diploma in Business Administration in view of the Government Orders referred to above. The Association of Indian Universities, New Delhi vide letter dated 16thseptember, 1998 had intimated the petitioner that three years (Part-time) Post Graduate Diploma in Business administration from the University of Allahabad has been recognized by the Government of india as equivalent to the Master Degree in Business Administration for the purposes of the employment as notified vide Office Memorandum dated 11. 2. 1970. ( 3 ) IN the counter affidavit affirmed by Satish Kumar Sharma and filed on behalf of the respondents, it has been stated that the petitioners placement as Clerk-cum-Cashier has been in accordance with the scheme of amalgamation which scheme has also been upheld by the Apex court and his name has correctly been placed at serial No. 86-A in the seniority list in accordance with the allotment of priority marks for the purposes of preparation of seniority list and the claim of one additional priority mark for the qualification of Post Graduate Diploma in business Administration from the University of Allahabad is not acceptable as priority marks for educational and other qualifications have been specifically provided in para 3-B of the Circular letter dated 6thfebruary, 1997 and the settlement. It has also been claimed that the Government notification dated 11thfebruary, 1970 has no application for the purpose of preparation of seniority list of Cadre -III employees i. e. clerical cadre of the Punjab National Bank. Even if the central Government has recognized three years Post Graduate Diploma in Business administration from the University of Allahabad as equal to the Master Degree for the purposes of the recruitment to the superior posts and services in the Central Government for which Master degree in Management or equivalent Diploma from recognized University/institutions is prescribed as qualification, it has no application, whatsoever, for preparation of seniority list of the employees of the Punjab National Bank in the clerk-cum-cashier cadre and, therefore, the petitioner is not entitled for the benefit of the said notification. According to the respondents, as the petitioner does not hold Post Graduate Degree in Business Administration, he is not entitled for additional priority marks. ( 4 ) IN the rejoinder affidavit filed by the petitioner the plea taken in the writ petition has been reiterated and one additional priority mark for three years Post Graduate Diploma in Business administration from the University of Allahabad has been claimed on the ground that it has been recognized as equivalent to the Post Graduate Degree in Business Administration. It has further been stated that notification dated 11. 2. 1970 issued by the Government of India is also applicable for the purposes of preparation of the seniority list of the employees of the Punjab national Bank and, therefore, the petitioner is entitled for its benefit. ( 5 ) WE have heard Sri Ram Niwas Singh, learned counsel for the petitioner and Sri K. L. Grover, learned Senior Counsel appearing for the respondents. ( 5 ) WE have heard Sri Ram Niwas Singh, learned counsel for the petitioner and Sri K. L. Grover, learned Senior Counsel appearing for the respondents. ( 6 ) LEARNED counsel for the petitioner submitted that even though in the settlement entered into by the Punjab National Bank with All India P. N. B. Employees Federation on 30thjanuary, 1997 provided that one extra mark to be allowed for Business Administration Degree, as the government of India vide notification dated 11thfebruary, 1970 had recognized three years (Part-time) Post Graduate Diploma in Business Administration awarded by the University of allahabad for the purposes of recruitment to supervisory posts and services under the Central government for which the Master Degree in Management or the equivalent Diploma from the recognized University/institution is prescribed as qualification, the stand taken by the respondent-Bank is wholly untenable. Three years Post Graduate Diploma in Business administration from the University of the Allahabad having been treated as equivalent to Degree in Business Management, the petitioner is entitled for one additional priority marks. He further submitted that the Government of India, Ministry of Human Resources Development, department of Education vide letter dated 18thaugust, 1998 had clarified that all degrees/diplomas awarded by the University of Allahabad are automatically recognized and, therefore, three years Post Graduate Diploma in Business Administration being recognized one is liable to be treated at par. Further, the Association of the Indian Universities, New Delhi vide letter dated 16thseptember, 1998 had also clarified that three years (Part-time) Post Graduate diploma in Business Management is treated as equivalent to the Master Degree in Management for the purposes of employment. He, thus, submitted that there is no justification for not treating three years (Part-time) Post Graduate Diploma in Business Administration done by the petitioner from the University of Allahabad as equivalent to the Master Degree in the Business administration and, therefore, the view of the respondents is wholly arbitrary, illegal and contrary to law. The petitioner is, therefore, entitled for one additional priority mark and if it is awarded his position in the seniority list would go up. ( 7 ) SRI K. L. Grover, learned Senior Counsel appearing for the respondents submitted that the scheme of amalgamation of New bank of India with the Punjab National Bank has been upheld by the Apex Court in the case of Punjab National Bank and Ors. ( 7 ) SRI K. L. Grover, learned Senior Counsel appearing for the respondents submitted that the scheme of amalgamation of New bank of India with the Punjab National Bank has been upheld by the Apex Court in the case of Punjab National Bank and Ors. v. All India New Bank of india Employees Federation and Ors. , AIR1997 SC 1086 , 1997 (1)Crimes283 (SC ), JT1997 (2 )SC 432 , (1997 )I LLJ863 SC , 1997 (2 )SCALE89 , (1997 )10 scc627 and, therefore, the petitioner, after the New Bank of India having been amalgamated with the Punjab National Bank, became its employee. The settlement entered by the Punjab national Bank with All India P. N. B. Employees Federation on 30thjanuary, 1997 is thus binding upon the petitioner and, in fact, the petitioner is claiming award of marks for educational and other qualifications under the said settlement. According to Sri Grover, sub-para (B) of para 3 of the settlement deals with educational and other qualifications and provides for the allocation of priority marks. Clause (a) of the aforesaid para deals with marks to be given for Post Graduate degree, which provides that Post Graduation in any number of subjects shall carry only one mark, however, one extra mark shall be allowed for Business Administration Degree. According to Sri Grover, as the petitioner does not hold Post Graduate Degree in Business Administration, he is not entitled for one extra mark. He further submitted that the Government of India, vide order dated 11thfebruary 1970, had recognized three years (Part-time) Post Graduate Diploma in business Administration awarded by the University of Allahabad as equivalent to the Post graduate Degree in Business Administration for the purposes of the recruitment to the supervisory posts and services under the Central Government, it would have no application to the employees of the Punjab National bank as the recruitment is not for services under the central Government. Further, in the present case, the marks have been allocated for determining priority list i. e. Seniority list and not for recruitment. He, thus, submitted that no advantage of the notification issued by the Association of Indian Universities or the Government of India, ministry of Human Resources Development, Department of Education can be taken by the petitioner. Further, in the present case, the marks have been allocated for determining priority list i. e. Seniority list and not for recruitment. He, thus, submitted that no advantage of the notification issued by the Association of Indian Universities or the Government of India, ministry of Human Resources Development, Department of Education can be taken by the petitioner. ( 8 ) HAVING given our anxious consideration to the various pleas raised by the learned counsel for the parties I find that it is not in dispute that the petitioner has done three years Post Graduate diploma in Business Administration from the University of Allahabad. He was an employee of the New Bank of India and after its amalgamation with the Punjab National Bank, the petitioner became an employee of the latter. The agreement/settlement dated 30thjanuary, 1997 entered into by the Punjab National Bank with All India P. N. B. Employees Federation is binding upon the petitioner also and, in fact, the petitioners claim is based upon the said settlement. Sub-para (B) of paragraph 3 of the said settlement provides for allocation of marks to various educational qualifications possessed by an employee. However, Clause (a) of sub-paragraph (B) of para 3 provides as follows: " (a) Post Graduation in any number of subjects shall carry only one mark. However, one extra mark shall be allowed for business administration degree. " ( 9 ) THE Government of India had issued an Office Memorandum on 11thfebruary, 1970 recognizing three years (Part-time) Post Graduate Diploma in Business Administration awarded by the University of Allahabad for the purposes of recruitment to supervisory posts and services under the Central Government for which the Master Degree in Business Administration or equivalent diploma from a recognized University/institution is prescribed as qualification. The association of Indian Universities has also vide letter dated 16thseptember, 1998 reiterated the same thing by referring the Government Order dated 11thfebruary, 1970. From the perusal of the Government order as also the letter dated 16thseptember, 1998 written by the Association of all Indian Universities, New Delhi it will be seen that three years (Part-time) Post Graduate diploma in Business Administration of the University of Allahabad has been treated as equivalent to the Master Degree in Business Administration by the Government of India for the purposes of recruitment only. It has not treated the said diploma as equivalent to Master Degree in Business Administration for all purposes. It has not treated the said diploma as equivalent to Master Degree in Business Administration for all purposes. The equivalence has been treated only for the purposes of employment to supervisory posts and services under the Central Government. It cannot have any binding effect on the services, which are not under the Central Government. Degree and Diplomas given by an University connote different meaning and cannot be as one and the same thing. Under Section 22 of the University Grants Commission Act, 1956 " Right to confer degrees" has been provided. The right of conferring or granting degree can be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a state Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant, any degrees. Under Sub-section (3) of section 22 "degree" means any such degree as may, with the previous approval of the Central government, be specified in this behalf by the Commission by notification in the Official gazette. Further, the conferment of a degree is governed by the specific provisions of the university Grants Commission, whereas awarding diploma is not regulated by it. ( 10 ) THE Apex Court, in the case of V. Markendeya and Ors. v. State of Andhra Pradesh and ors. , AIR1989 SC 1308 , [1989 (58 )FLR871 ], JT1989 (2 )SC 108 , 1989 Lablc1556 , (1989 )II LLJ169 SC , 1989 (1 )SCALE860 , (1989 )3 SCC191 , [1989 ]2 scr422 , 1989 (3 )SLJ34 (SC ), while considering the challenge of the classification made between two classes of supervisors holding degree in Engineering and other holding diploma, repelled on the basis of the educational qualification. It has held that there is a basic difference between the two classes of supervisors as graduate supervisors hold degree in Engineering while non-graduate supervisors are only diploma and licence holders and they have all along been treated differently on the basis of difference in educational qualifications. ( 11 ) IN the case of Union of India and Anr. v. R. Iyyaswamy and Ors. ( 11 ) IN the case of Union of India and Anr. v. R. Iyyaswamy and Ors. , JT1997 (8 )SC 18 , 1997 (6 )SCALE73 , (1997 )7 SCC727 , [1997] Supp4 SCR16 , (1997 )3 UPLBEC1625 , the Apex Court while upholding the promotion policy made to grant promotion by giving equal treatment to diploma and degree holders, has held that degree in Engineering is better educational qualification than a diploma in Engineering ( 12 ) THUS it is well settled that a degree is a better qualification than a diploma in the same discipline. If under the settlement one additional mark is to be awarded only to Post Graduate degree holders in Business Administration, the claim made by the petitioner who is having three years Post Graduate Diploma in Business Administration, cannot be accepted. The Government of India may, for the purposes of recruitment in its services, treat three years Post Graduate diploma in Business Administration awarded by the University of Allahabad and Post Graduate degree in Business Administration as equivalent but that would not be applicable for the purposes of determining priority list/seniority list under the settlement dated 30thjanuary, 1997. The Punjab National Bank under the settlement or otherwise has not treated three years Post graduate Diploma in Business Administration as equivalent to the Post Graduate Degree in business Administration, therefore, it had rightly declined to grant one additional priority mark to the petitioner. Thus, the action of the respondents does not suffer from any legal infirmity. ( 13 ) IN view of the foregoing discussion I find no merit in the writ petition, it is dismissed. . .