JUDGMENT : Rajiv Sharma, J. Since common questions of law and facts are involved in all these petitions, the same were taken up together and are being disposed of by a common judgment. CWP No. 10398/2011-J 2. Petitioner was appointed as Junior Engineer in the respondent-Board on 11.3.1977. He was promoted to the post of Assistant Engineer in the month of July, 2003. He was assigned Sr. No. 11 in the tentative seniority list of Assistant Engineers (Civil), as it stood on 1.4.2011. Respondent-Board has framed the Recruitment and Promotion Rules for filling up the post of Executive Engineer (Civil) vide Annexure P-1. The post of Executive Engineer is to be filled up 100% by promotion in the ratio of 30:70 from amongst diploma holders Assistant Engineer (Civil) and Graduate Assistant Engineer (Civil) with 8 years regular or regular combined with continuous ad hoc service, if any. The candidate is also required to pass departmental examination as per the Recruitment and Promotion Rules. The post of Executive Engineer (Civil) fell vacant on 1.4.2011. Since the petitioner had not put in 8 years service, his case was not considered for promotion to the post of Executive Engineer (Civil) by the Departmental Promotion Committee in its meeting held on 27.7.2011. One Sh. Som Nath was promoted on ad hoc basis to the post of Executive Engineer (Civil) on 19.8.2011. The Board is not convening the Departmental Promotion Committee for filling up the post of Executive Engineer (Civil). CWP No. 7212/2011 3. The petitioner was appointed as Junior Engineer in the respondent-Board on 14.3.1977. He was promoted to the post of Assistant Engineer in the month of July, 1989. He is at Sr. No. 1 in the tentative seniority list, as it stood on 1.4.2011. The post of Executive Engineer (Civil) fell vacant on 1.4.2011. The Departmental Promotion Committee met on 27.7.2011. The Departmental Promotion Committee recommended the name of respondent No. 3 for the post of Executive Engineer (Civil) on ad hoc basis vide order dated 19.8.2011. The precise case of the petitioner is that on the basis of seniority list, he ought to have been considered for promotion to the post of Executive Engineer (Civil). Petitioner has cited example of one Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. The precise case of the petitioner is that on the basis of seniority list, he ought to have been considered for promotion to the post of Executive Engineer (Civil). Petitioner has cited example of one Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia, who were promoted to the post of Superintendent Engineer and Executive Engineer (Civil) though they had not qualified the departmental examination. Petitioner has qualified the departmental examination only on 25.11.2011. Stand of the respondent-Board, as per reply, is that decision with regard to passing the departmental examination was taken on 30.9.2003. The same was stayed by the learned Himachal Pradesh Administrative Tribunal and the stay order was vacated only on 24.11.2009. In these circumstances, Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia could not pass the departmental examination and were promoted on ad hoc basis with a rider that they will pass the departmental examination by 31.12.2011. Since they have qualified the departmental examination, their promotion was regularized in the meeting. It is also stated in the reply by the respondent-Board that since respondent No. 3 has passed the departmental examination before convening the Departmental Promotion Committee 27.7.2011, his case was considered and he was found suitable for promotion for the post of Executive Engineer (Civil) on ad hoc basis. CWP No. 10295/2011-J 4. Petitioner was appointed as Junior Engineer on 28.8.1978 and was promoted to the post of Assistant Engineer (Civil) in the month of July, 2003. He was assigned Sr. No. 13 in the tentative seniority list of the Assistant Engineers (Civil), as it stood on 1.4.2011. Case of the petitioner in this case is at par with petitioner in CWP No. 10398/2011, titled as D.K. Tandon versus HIMUDA. He has passed the departmental examination in the month of June/December, 2010. The respondent-Board in this case has taken a ground that Sh. Jagat Ram petitioner in CWP No. 7212/2011 could not be discriminated against, thus, his case is required to be considered at par with Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. It is further stated in the reply that Departmental Promotion Committee met on 15.9.2011 but was postponed for 25.10.2011. Jagat Ram petitioner in CWP No. 7212/2011 could not be discriminated against, thus, his case is required to be considered at par with Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. It is further stated in the reply that Departmental Promotion Committee met on 15.9.2011 but was postponed for 25.10.2011. In the meeting held on 25.10.2011, the Superintending Engineer and Executive Engineer, who were recommended to be promoted on ad hoc basis due to non-passing the departmental examination, had been recommended to be promoted on regular basis as they have passed the requisite departmental examination after they were promoted on ad hoc basis. Thereafter, the Departmental Promotion Committee was postponed for 31.12.2011. 5. Mr. Ajay Mohan Goel and Mr. Ramakant Sharma have strenuously argued that the action of respondent-Board of postponing the Departmental Promotion Committee is actuated with legal mala fide to favour Sh. Jagat Ram. They have also argued that the eligibility has to be seen on the date when the post fell vacant, i.e. 1.9.2011. They also argued that their clients have qualified the departmental examination in the month of June/December, 2010 and 18.12.2010, respectively and Sh. Jagat Ram has qualified the departmental examination only on 25.11.2011. They have also argued that the respondent-Board should hold the Departmental Promotion Committee to consider the case of all eligible persons as on 1.9.2011. 6. Mr. Tek Chand Sharma has vehemently argued that his client was at Sr. No. 1 in the tentative seniority list of Assistant Engineers (Civil) and on that basis, he was required to be considered for promotion by the Departmental Promotion Committee held on 27.7.2011 instead of recommending the name of Sh. Som Nath, who was at Sr. No. 3 of the seniority list. He has also argued that the Departmental Promotion Committee is required to be convened in the month of April, 2011 as per para 16.22 of the Hand Book on Personnel Matters Volume-I. He also argued that similarly situate persons, who had not qualified the departmental examination, namely, Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia, have been promoted to the post of Superintending Engineer and Executive Engineer (Civil) with a rider that they shall qualify the departmental examination by 31.12.2011. He also argued that the eligibility of his client has to be seen when the Departmental Promotion Committee meets. 7. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia, have been promoted to the post of Superintending Engineer and Executive Engineer (Civil) with a rider that they shall qualify the departmental examination by 31.12.2011. He also argued that the eligibility of his client has to be seen when the Departmental Promotion Committee meets. 7. I have heard the learned counsel for the parties and have perused the pleadings carefully. 8. The promotion to the post of Executive Engineer (Civil) is regulated as per Recruitment and Promotion Rules framed by the respondent-Board. The post is to be filled up 100% by promotion in the ratio of 30:70 from amongst diploma holders Assistant Engineer (Civil) and Graduate Assistant Engineer (Civil) with 8 years regular or regular combined with continuous ad hoc service, if any. The post of Executive Engineer (Civil) became available on 1.4.2011. The Departmental Promotion Committee met on 27.7.2011. It has recommended the name of Sh. Som Nath since he had already qualified the departmental examination and the promotion orders were issued on 19.8.2011. Petitioner Jagat Ram had not qualified the departmental examination on the date when the Departmental Promotion Committee met on 27.7.2011. He qualified the departmental examination only on 25.11.2011. 9. Mr. Tek Chand Sharma has argued that similarly situate persons, who had not qualified the departmental examination, have been promoted to the post of Superintending Engineer and Executive Engineer with a rider to qualify the departmental examination by 31.12.2011. Stand of the respondent-Board in CWP No. 7212/2011 is that the Board has adopted the instructions for qualifying the departmental examination only on 30.9.2003. There was stay order, which was vacated and in these circumstances, there was no occasion to Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia to sit in the departmental examination. In these circumstances, decision was taken by the Departmental Promotion Committee on 16.1.2010 to promote Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia to the post of Superintending Engineer and Executive Engineer on ad hoc basis. Since they have qualified the departmental examination before 31.12.2011, their promotions were regularized by the Departmental Promotion Committee, which met on 25.10.2011. Thus, the case of the petitioner Jagat Ram is distinguishable vis-a-vis Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. K.K. Kalia to the post of Superintending Engineer and Executive Engineer on ad hoc basis. Since they have qualified the departmental examination before 31.12.2011, their promotions were regularized by the Departmental Promotion Committee, which met on 25.10.2011. Thus, the case of the petitioner Jagat Ram is distinguishable vis-a-vis Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. Respondent-Board has not assigned any cogent and convincing reasons why the promotion of Som Nath has been made on ad hoc basis though he was fully eligible to be considered for regular promotion. However, it is held that there was no illegality in the action of the Departmental Promotion Committee, which met on 27.7.2011 whereby case of Som Nath has been recommended for promotion to the post of Executive Engineer (Civil). Petitioner Jagat Ram was considered but was not found eligible for promotion since he had not qualified the departmental examination on the date when the post became available, i.e. 1.4.2011. He has passed the departmental examination, as noticed above, only on 25.11.2011. 10. Now, the Court will advert to the vacancy which became available on 1.9.2011. Petitioners, namely, Desh Raj and D.K. Tandon were eligible on 1.9.2011 for consideration to the post of Executive Engineer (Civil) since by that time they had requisite 8 years' service and had also qualified the departmental examination in the month of June, 2010 and 18.12.2010, respectively. Jagat Ram had not qualified the departmental examination when the vacancy fell become available on 1.9.2011. Respondent-Board should have convened the Departmental Promotion Committee to consider the eligible candidates as on 1.9.2011. In fact, the Departmental Promotion Committee was convened on 15.9.2011, but the same was postponed. Thereafter, the Departmental Promotion Committee met on 25.10.2011, but it was again postponed. The only decision taken as per the reply filed by the respondent-Board was that the persons, namely, Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia, who had been promoted initially on ad hoc basis, their promotions be regularized since they have passed the departmental examination. Thereafter, the Departmental Promotion Committee was postponed for 31.12.2011. Respondent-Board is required to take consistent stand being a State within the meaning of Article 12 of the Constitution of India. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia, who had been promoted initially on ad hoc basis, their promotions be regularized since they have passed the departmental examination. Thereafter, the Departmental Promotion Committee was postponed for 31.12.2011. Respondent-Board is required to take consistent stand being a State within the meaning of Article 12 of the Constitution of India. It has to scrupulously follow the Recruitment and Promotion Rules and there cannot be any deviation or violation or relaxation as far as the essential qualification, including passing of departmental examination, is concerned. There can only be relaxation of conditions of service and not essential qualification as per the Recruitment and Promotion Rules. Surprisingly, the respondent-Board has taken inconsistent stand in replies in CWP No. 7212/2011 and 10295/2011. In CWP No. 7212/2011, case of the respondent-Board, as discussed hereinabove, is that since Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia could not qualify the departmental examination due to stay orders, which were vacated on 24.11.2009, they were promoted on ad hoc basis to the post of Superintending Engineer and Executive Engineer (Civil) with a rider to enable them to qualify the departmental examination before 31.12.2011. Cases of Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia were entirely on different footing since they had no chance of appearing in the departmental examination. In other words, case of the respondent-Board was that the case of the petitioner in CWP No. 7212/2011 was distinct from Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. In reply to CWP No. 10295/2011, the respondent-Board has projected that case of Sh. Jagat Ram is required to be considered at par with Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. This is not permissible under law. The law has to be applied uniformly to all the persons. Sh. Jagat Ram may be senior most in the tentative seniority list of Assistant Engineers (Civil), as it stood on 1.4.2011, but since he has passed the departmental examination only on 25.11.2011, he was not eligible on the date when the post of Executive Engineer (Civil) fell vacant, i.e. 1.9.2011 and the petitioners Desh Raj and D.K. Tandon were eligible on this date since they have already passed the departmental examination and have put in 8 years regular service. 11. 11. Accordingly, in view of the observations and discussions made hereinabove, CWP No. 7212/2011 is dismissed. CWP Nos. 10295/2011-J and 10398/2011-J are allowed and the respondent-Board is directed to convene the Departmental Promotion Committee within a period of 8 weeks from the date of production of certified copy of this judgment by the petitioner(s) to consider the case of all eligible incumbents as on 1.9.2011 for the post of Executive Engineer (Civil). Pending application(s), if any, also stands disposed of. No costs.