Heard Counsel for the peti­tioner and Standing Counsel. 2. Counsel for the petitioner submits that aggrieved by the unjustified action of the re­spondents in denying promotion on Group-C post, the petitioner preferred a writ petition no. 2320 [ss] of 2005. This Court vide its or­der dated 23.3.2005 has directed the District Magistrate, Hardoi to consider the represen­tation of the petitioner. The District Magis­trate, Hardoi vide its impugned order dated 6.7.2005 rejected the representation of the petitioner on the ground that since the peti­tioner does not have the required knowledge of typing in view of Rule 8(2) of the Rules, 2001, he cannot be promoted on Group-C post and he can be promoted on a future date when he attains the required knowledge of typing. 3. It has been argued by the petitioner's Counsel that the petitioner, who is a Class IV employee is entitled to be promoted on Group 'C Post in view of the 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 his promotion has been ignored on the ground that, the petitioner has not appeared in the typing test. He has next contended that though he has not sought pro­motion on the post of Typist but other than Typist yet the opposite parties have denied his legitimate claim whereas two persons, namely, Munni Lal and Raghuwar Singh were promoted from amongst Class IV on the post of Typist/Clerk without being subjected to Typing Test. 4. 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 im­pugned order is fully justified and legal. 5. 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 post if 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. 6. 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. 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. 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 percent 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. (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. 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, 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 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." 7. 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 Food & Civil Supplies 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 substan-tively 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. 8. 8. 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. 9. 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 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 thjs. Court after considering 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. 10. 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. 10. 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. 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 candidates under sub-rule(2) and thereafter prepare a list of candidates in or­der of merit with due representation of the candidates of reserved category. Under sub-rule (2) the typing test has not been made mandatory. 11. The gravamen of Article 14 is equality of treatment. Therefore, the basic principle underlying Article 14 is that the law must operate equally on all persons under like cir­cumstances. In other words, what is enjoined by Article 14, is that the state shall not by its acts, discriminate as between two individu­als who were similarly circumstanced. Ser­vice jurisprudence evolved by the Supreme Court from time to time postulates that all persons similarly situated should be treated similarly. In the instant case, the petitioner has asserted that one Munnil Lal was pro­moted without being subjected to typing test. In his promotion order only a rider was put that he will produce a certificate indicating that he possesses the required typing speed failing which he would be reverted. Similarly, Raghuwar Singh was also promoted without undergoing any typing test. In the instant case, the petitioner has asserted that one Munnil Lal was pro­moted without being subjected to typing test. In his promotion order only a rider was put that he will produce a certificate indicating that he possesses the required typing speed failing which he would be reverted. Similarly, Raghuwar Singh was also promoted without undergoing any typing test. These facts have not been controverted by the respondents by saying that they were also subjected to typ­ing test. Therefore, the action of the respon­dents in the present case smacks of arbitrari­ness and is violative of Article 14 and 16 of the Constitution. 12. It is also relevant to point that during the pendency of the writ petition, the District Supply Officer submitted a report dated 23.7.2007 indicating therein that 20% of posts of Junior Clerk from amongst Class IV em­ployees and the petitioner is eligible to be promoted against such 70% promotional quota. This proposal was accepted by the District Magistrate, Hardoi on 27.7.2007, which is evident from Annexure SA-1 an­nexed with the Supplementary affidavit dated 12.3.2008. Even then no order was issued promoting the petitioner on the post of Jun­ior Clerk w.e.f 27.7.2007. 13. In view of the above, the writ petition is allowed and the impugned order dated 6.7.2005 is here by quashed. The respondents are directed to issue necessary orders pursu­ant to the approval dated 27.7.2007 granted by the District Magistrate. 14. Costs easy. Petition allowed.