Heard Counsel for the peti­tioner and the Standing Counsel. 2. Draped in brevity, the facts of the case are that the petitioner, who is B.A., LLB., was initially appointed on the post of Mate on work charge basis on 1.11.1988. On 26.5.1995, he was given regular appointment on the said post in the regular establishment in the pay scale of Rs.775-1025. According to the petitioner, though the work of Class -III post is being taken for the last 12 years but he is being given the salary of Mate. Vide letter dated 10.1.2006, the Chief Engineer (Central Zone), Public Works Department informed the Superintending Engineer of Sitapur Kheri Circle that one post of Class III has been sanctioned in the said circle to be filled in by promotion from Class-IV em­ployees. Thereafter, the Executive Engineer was asked vide letter to 14.2.2006 to give de­tails of the employees eligible for promotion. Vide letter dated 6.5.2006, the petitioner and other candidates were informed that exami­nation for promotion will be held on 12.5.2006. 3. The grievance of the petitioner is that though there is no requirement under Uttar Pradesh Subordinate Officers Ministerial Group 'C' Posts of the Lower Grade [Recruit­ment by Promotion] Rules, 2001 [in short referred to as 2001 Rules' but a necessary condition of typing test was fixed by the op­posite party No.4 with the sole intention to give appointment to the person of his choice. Type test is required only for the post which has the duties of typing. It has also been con­tended that though the persons working on sub­stantive basis are to be considered for promo­tion as per 2001 Rules but the opposite parties included ineligible persons. The petitioner, therefore, made representation to the authori­ties concerned pointing out the defects and for considering his claim for promotion on Class-Ill post. He also pointed that while giving pro­motion to other candidates from Group-D to Group-C post, the candidates have been given opportunity to do practice and learn typing after giving promotion and were allowed six months' to one year period for getting the knowledge of typing. Therefore, the stand of the opposite parties that the petitioner is not entitled for promotion to the post of Junior Clerk is wholly arbitrary and illegal. 4. Therefore, the stand of the opposite parties that the petitioner is not entitled for promotion to the post of Junior Clerk is wholly arbitrary and illegal. 4. Counsel for the petitioner has also sub­mitted that on 23.3.2005, the petitioner sub­mitted an application to the Executive Engi­neer thereby requesting that he should be given promotion to the post of Group 'C'. Vide let­ter dated 30.3.2005, the Executive Engineer of the Circle recommended the name of the petitioner for promotion to the post of Junior Clerk. In this recommendatory letter, it was also mentioned that the petitioner knows com­plete knowledge of ministerial work and is eli­gible for promotion. The Superintending En­gineer, in his turn, vide letter dated 14.7.2005 forwarded the matter to the Chief Engineer. The higher authority is sitting tight over the matter even though considerable long time has elapsed, causing serious prejudice to the le­gitimate rights of the petitioner. 5. On the other hand Standing Counsel has argued that for promotion on Class III post from Group IV post, a candidate is required to have knowledge of Typing and the qualifi­cation of necessary test speed is compulsory. The necessary requirement for being pro­moted on the post of Clerk is typing speed 25 words per minute in Hindi, which the peti­tioner does not possess. Therefore, the con­dition of appearing in typing test is wholly justified and is not in consonance with the provisions of Government Orders issued in this behalf. 6. On the strength of paragraph 19 in Su­perintending Engineer, Jhansi v. Anoop Kumar Rathor [(2009)3 UPLBEC 2820]: (2009 (6) ALJ 145), Standing Counsel has argued that whether the post of a Clerk or a Typist or a Clerk-Cum-Typist, the position remains the same, namely, that the candidate for any of such posts has to qualify a Hindi typewriting test for being selected. A candidate applying for the post of a Clerk shall only be consid­ered provided such a candidate knows typing as well. Therefore, the impugned order is within the four corners of law as the petitioner has no knowledge of Hindi Typing. 7. A candidate applying for the post of a Clerk shall only be consid­ered provided such a candidate knows typing as well. Therefore, the impugned order is within the four corners of law as the petitioner has no knowledge of Hindi Typing. 7. Uttar Pradesh Subordinate Officers Min­isterial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 were framed in exercise of the powers con­ferred by the proviso to Article 309 of the Constitution and in supersession of all exist­ing rules and orders on the subject, for regu­lating recruitment by promotion to ministe­rial Group 'C' posts of the lowest grade from amongst Group 'D' employees in the subor­dinate offices of the Government. 8. Rule 2 of 2001 Rules deals with its ap­plication and lays down:-(1) These rules shall govern recruitment by promotion to the ministerial Group 'C' posts of the lowest grade (which are outside the purview of the Public Service Commission, Uttar Pradesh) from amongst Group 'D' employees in all subordinate offices under the control of the Government excluding the Uttar Pradesh Sec­retariat, the offices of the State Legislature, Lok Ayukt, Uttar Pradesh, Public Service Commission, Uttar Pradesh, High Court, the subordinate Courts under the control and superintendence of the High Court, the Advo­cate General, Uttar Pradesh and of the estab­lishments under the control of the Advocate General, Uttar Pradesh. 9. Rule 5 deals with the source of recruit­ment to twenty per cent, of the vacancies of the ministerial group 'C' posts:- (5) Source of recruitment:- Recruitment to twenty per cent, of the vacancies of the ministerial group 'C' posts of the lowest grade in a subordinate office shall be made by pro­motion through the Selection Committee from the following sources: (1) Fifteen per cent, from amongst such substantively appointed group 'D' employ­ees who have passed the High School Exami­nation of the Board of High School and In­termediate Education, Uttar Pradesh or an ex­amination recognized by the Government as equivalent thereto and who have completed five years service as such on the first day of the year of recruitment. (2) Five per cent, from amongst such sub­stantively appointed Group 'D' employees who have passed the Intermediate Education of the Board of High School and Intermedi­ate Education, Uttar Pradesh or an examina­tion recognized by the Government as equiva­lent thereto and who have completed five years service as such on the first day of the year of recruitment. 10. (2) Five per cent, from amongst such sub­stantively appointed Group 'D' employees who have passed the Intermediate Education of the Board of High School and Intermedi­ate Education, Uttar Pradesh or an examina­tion recognized by the Government as equiva­lent thereto and who have completed five years service as such on the first day of the year of recruitment. 10. Part III of the 2001 Rules deals with the determination of vacancies and the pro­cedure for recruitment by promotion and it reads as under:- 8. Procedure for recruitment by promo­tion- (1) For the purpose of recruitment by promotion, there shall be constituted a Se­lection Committee in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for Posts Outside the Purview of the Public Ser­vice Commission Rules, 1992, as amended from time to time. Note: Nomination of Officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of Citizens in the Selection Commit­tee shall be made in accordance with the or­der made under Section 7 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Back­ward Classes) Act, 1994, as amended from time to time. (2) Recruitment by promotion shall be made on the basis of merit as disclosed by marks obtained in the test for selection through the Selection Committee constituted under sub-rule (1). The test for selection shall include a simple written test, interview and evaluation of character roll. The maximum marks to be assigned for written test, inter­view and evaluation of character roll shall be as given below: (a) Written Test Thirty marks (b) Interview Ten marks (c) Evaluation of character roll Ten marks Fifty marks Note 1 - The written test shall include a single question paper. The question paper shall contain two questions. Each question shall carry fifteen marks. One question shall be on Hindi Essay writing on a simple topic and the other shall be on General Knowledge. Note 2 - Where recruitment by promotion is being made for the post of Typist or a post for which Hindi Typewriting is essential, there shall be conducted a qualifying test of Hindi Typewriting also, as prescribed by the Gov­ernment from time to time. To qualify this test a candidate must have a minimum speed of twenty-five words per minute in Hindi Typewriting. (3) The Selection Committee shall conduct the test of eligible candidates under sub-rule (2). To qualify this test a candidate must have a minimum speed of twenty-five words per minute in Hindi Typewriting. (3) The Selection Committee shall conduct the test of eligible candidates under sub-rule (2). After the marks obtained by the candidates in the said test have been tabulated, the Selec­tion Committee shall, having regard to the need for securing due representation of the candi­dates belonging to the Scheduled Castes and Scheduled Tribes in accordance with rule 6, prepare a list of candidates in order of merit as disclosed by marks obtained by them in the said test and recommends such number of can­didates as, on the basis of the result of the said test have come up to the standard fixed by the Selection Committee in this respect. If two or more candidates obtain equal marks the can­didate obtaining higher marks in the written candidates obtain equal marks, the candidate obtaining higher marks in the written test shall be placed higher in the list. In case two or more candidates obtain equal marks in the written test also, the candidate senior in age shall be placed higher in the select list. The Selection Committee shall forward the list to the appoint­ing authority." 11. From the aforesaid rules, it is clear that these Rules have been framed in supersession of all existing rules and orders on the subject. These rules are applicable on the Department of Public Works as it has not been exempted under Rule 2 of the 2001 Rules. Rule 5 of the 2001 rules provides for the recruitment of 20% of vacancies of the Ministerial Group C post of the Lower Grade in a subordinate office by promotion. Out of 20% posts, which has to be filled in by promotion, 15% from amongst sub-stantively appointed Group D employees, who have passed High School examination and have completed five years of service as such on the 1st day of the year of recruitment and 5% from amongst such substantively ap­pointed Group D employees, who have passed the Intermediate examination and has com­pleted five years of service. 12. Rule 8, referred to above, deals with the procedure for recruitment by promotion and sub-rule (2) of Rule 8 provides that pro­motion shall be made on the basis of merit as disclosed by marks obtained in the test. 12. Rule 8, referred to above, deals with the procedure for recruitment by promotion and sub-rule (2) of Rule 8 provides that pro­motion shall be made on the basis of merit as disclosed by marks obtained in the test. The test for selection shall include a simple writ­ten test, interview and evaluation of charac­ter roll. The maximum marks in each category have also been assigned. In Note 2 to this rule, it has been provided that where the promo­tion is made for the post of Typist or a post for which Hindi Typewriting is essential. 13. In the case of Superintending Engineer v. Anoop Kumar Rathor (2009 (6) ALJ 145), [supra] the dispute raised by the respondent-petitioner was that knowledge of Hindi type­writing was only a preferential qualification and not essential as per the advertisement dated 10.8.1998, which was published for se­lection on the post of Junior Clerk. The Divi­sion Bench of this Court after considering the Rules for the Recruitment of Ministerial Staff to the Subordinate Offices, 1950, the Subor­dinate Offices Ministerial Staff (Direct Re­cruitment) Rules, 1975 and U.P. Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 came to the conclusion that a candidate applying for the post of a Clerk shall only be considered provided such a can­didate knows typing as well. The proposition of law laid down in the said case is not appli­cable in the present case as the facts and circumstances of this case are quite different. The case of Anoop Kumar is relating to di­rect recruitment whereas the instant case per­tains to promotion from Group D post to the Group C post. For this purpose the State Gov­ernment has framed separate and special set of Rules, which have to be followed by the authorities while making promotion under the 20% quota meant for Group D employees for promotion. 14. As averred above, the provisions of Uttar Pradesh Subordinate Offices Ministe­rial Group' C' Posts of the Lowest Grade (Re­cruitment by Promotion) Rules, 2001 were not under consideration in the aforesaid de­cision and rightly so because the dispute was regarding direct recruitment. These rules are special set of rules framed for regulating re­cruitment by promotion to ministerial Group 'C' posts of the lowest grade from amongst Group 'D' employees in the subordinate of­fices of the Government in supersession of all existing rules in this behalf. These rules are special set of rules framed for regulating re­cruitment by promotion to ministerial Group 'C' posts of the lowest grade from amongst Group 'D' employees in the subordinate of­fices of the Government in supersession of all existing rules in this behalf. Therefore, the respondents cannot take shelter of any Gov­ernment Order or instruction which is con­trary to the Rules. In the instant case, the pe­titioner has claimed promotion in 20% quota meant for departmental Group-D employees. It is not the case of the respondents that the petitioner has claimed promotion on the post of Typist or a post for which Hindi typewrit­ing is essential. Thus, the authorities commit­ted an error in not considering the claim of the petitioner for promotion on Group-C post under Rule 8(2) of 2001 Rules and wrongly denied promotion to the petitioner on the ground that the petitioner has no knowledge of Hindi Typing, which is not an essential qualification, as discussed above. It is also pertinent to mention that sub-rule (3) of Rule 8 clearly provides that the Selection Commit­tee shall conduct the test of eligible candi-j dates under sub-rule(2) and thereafter prepare a list of candidates in order of merit with duej representation of the candidates of reserved category. Under sub-rule (2) the typing test has not been made mandatory. 15. In view of the above, the opposite par­ties are directed to consider the claim of the petitioner from promotion on Group-C post in light of the observations made hereinabove and strictly in accordance with the provisions of Uttar Pradesh Subordinate Offices Minis­terial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001. Petition allowed.