1. Pursuant to order dated 29.10.1998, petitioner along with others has been appointed as Field Assistant Divisional Cadre, Kashmir whereas respondents No. 5 to 11, amongst others, have been appointed as Field Assistants, Divisional Cadre, Jammu, in the year 2000. In the final seniority list of Senior Assistants Divisional Cadre, Kashmir petitioner figure at serial No. 10. 2. Post of Field Inspector in the respondent department (Pollution Control Board) is a State cadre post. The method of recruitment is 50% by direct recruitment and 50% by promotion from amongst the Field Assistants with minimum five years service. 3.16 Field Assistants, both Divisional Cadre, Kashmir and Divisional Cadre, Jammu, have been promoted which include respondents No. 5 to 11. Petitioner though senior to said respondents has not been promoted so has filed the instant petition. 4. Draft Recruitment Rules to govern service conditions of the employees of respondent department (Pollution Control Board) have not been finalized but are being followed. 5. Vide Government order No. 55-FST of 2009 dated 29.09.2009, pending finalization of the Recruitment Rules of the J&K State Pollution Control Board, with a view to accord consideration to the eligible employees for promotion against the higher posts, a Committee of the officers was constituted. The said Committee in its meeting held on 25.01.2010, while dealing with agenda item No. 3 pertaining to promotion of Field Assistants (Divisional Cadre) to the post of Field Inspectors (Technical) (State Cadre), took note of Field Assistants of both Divisional Cadre, Kashmir and Divisional Cadre, Jammu and then decided that the Field Assistants with qualification as 12th with ten years service can be considered for promotion to the post of Field Inspector and in the process, in accordance with roster, categories were also given representation. Respondents No. 5 to 9, belonging to ST and RB category, were also promoted. Petitioner admittedly is matriculate, so it is in view of that position his juniors i.e. respondents No. 5 to 11 have been promoted because they possess higher qualification. 6. Contention of the learned counsel for the petitioner is that as per Draft Recruitment Rules, the requirement for Field Assistants is to possess five years experience for promotion to the post of Field Inspector whereas for direct recruits requirement of qualification is graduation, therefore, Committee if had to prescribe a qualification, same should have been rationale. 7. 6. Contention of the learned counsel for the petitioner is that as per Draft Recruitment Rules, the requirement for Field Assistants is to possess five years experience for promotion to the post of Field Inspector whereas for direct recruits requirement of qualification is graduation, therefore, Committee if had to prescribe a qualification, same should have been rationale. 7. The Committee in its third meeting, while dealing with the matter of promotion to the post of Field Inspectors (Technical), after deliberation opined that out of 33 posts of Field Inspectors available, 50% i.e. 17 posts can be filled by promotion, in the process are shown to have perused the Recruitment Rules of Maharashtra SPCB which provide that Field Assistants with ten years of regular service can be promoted to the post of Field Inspector. Qualification requirement was to be ascertained by obtaining copy of the Maharashtra Recruitment Rules. Then in its 4th meeting held on 25th January, 2010, while dealing with the subject matter, it has been mentioned that minimum qualification for Field Assistants provided in Maharashtra SPCB is 12th with science subjects or its equivalent and on this analogy Committee considered the promotion of Field Assistants based on the qualification on the date of direct recruitment which was 10th but in its fourth meeting it was decided that Field Assistant with qualification as 10+2 with ten years service can be considered for promotion to the post of Field Inspectors and it is on the said basis Field Assistant with 10 years service and minimum 12th qualification only were promoted. 8. Learned counsel for the petitioner would contend that in Maharashtra Recruitment Rules, for Field Assistants, qualification prescribed is 12th with science subjects or its equivalent whereas in the State as per Draft Rules minimum qualification for Field Assistants is 1 Oth and it is on that basis direct recruitment to the post of Field Assistant was made and petitioner being 10th pass also got selected. Now after putting in 10 years service, he is being denied the chance of promotion on the ground that he does not possess qualification as 12th. The method adopted by the Committee is irrational which is to operate harshly against the petitioner. 9. In opposition, learned counsel for the respondents No. 1 to 4 contended that in terms of Govt. Now after putting in 10 years service, he is being denied the chance of promotion on the ground that he does not possess qualification as 12th. The method adopted by the Committee is irrational which is to operate harshly against the petitioner. 9. In opposition, learned counsel for the respondents No. 1 to 4 contended that in terms of Govt. order No. 55-FST dated 29.1.2009, the Committee has been empowered to determine the eligibility in accordance with applicable State Service Rules. 10. What the Committee has done is that they considered the Recruitment Rules of Maharashtra State Pollution Control Board where requirement of qualification for Field Assistants is 12th with Science subject and on such basis Field Assistants with qualification of 12th have been considered for promotion but no solid foundation has been laid for prescribing such qualification. Simply to say that for Field Assistants requirement of qualification in Maharashtra Recruitment Rules is 12th with science shall not be enough when as per Draft Rules applicable and followed in the State, Field Assistants have been appointed on the basis of prescribed qualification i.e. 10th pass. The Committee, while prescribing 12th as qualification for promotion to the post of Field Inspectors, while dealing with agenda Item No. 3 pertaining to promotion of Field Assistants, has not recorded any reason for following the same. Therefore, same has been followed to the disadvantage of the petitioner. 11. The principle of fair and equitable treatment has been observed in breach. The mode and method is not to be adopted in a manner which may operate harshly as against the interests of a person unless there is just cause for so doing. Petitioner admittedly, n matriculate, having put in more than ten years of service, if denied chance of promotion, will subject him to mental agony and uncertainty. In this connection it shall be quite relevant to quote following portion from para 9 of the judgment captioned Council of Scientific and Industrial Research and another v. K. G. S. Bhatt and another ( AIR 1989 SC 1972 ): "..It is often said and indeed, adroitly, an organization public or private does not 'hire a hand' but engages or employs a whole man. The person is recruited by an organization not just for a job but, for a whole career. One must, therefore, be given an opportunity to advance.." 12. The person is recruited by an organization not just for a job but, for a whole career. One must, therefore, be given an opportunity to advance.." 12. Petitioner could not be denied consideration for promotion by prescribing qualification as 12th in the background of the applicability of Maharashtra State Pollution Control Board Rules where minimum qualification for direct recruitment to the post of Field Assistants is 10+2 with science, contrary to which in the State Draft Rules which are being followed, the prescribed requisite qualification is 10th for Field Assistants. The appointment to the post of Field Assistant dates back to 1998, same is not now open to change vis-'-vis petitioner and equally true on such basis without any valid justification, petitioner could not be ignored. 13. It is admitted position that respondents No. 5 to 11 are junior to the petitioner but, however, vis-'-vis respondents No. 5, 11 and 10 petitioner cannot have any grouse because they had been promoted under category ST and RB, therefore, his grouse survives against respondents No. 6 to 9, therefore, his inclusion has to be to the exclusion of the junior one from amongst respondents No. 6 to 9 14. Learned counsel for the parties stated that out of 17 candidates only 16 have been promoted whereas one candidate has not been promoted, therefore, one vacancy is available. It being so, without disturbing position of respondents No. 6 to 9, it woulu be appropriate to direct respondents No. 1 to 4 to accord consideration to the case of the petitioner for being promoted to the post of Field Inspector in the manner other Field Assistants have been promoted irrespective of 10+2 qualification as prescribed by the Committee irrationally and if found fit shall be promoted with effect from the date respondents No. 5 to 11 have been promoted and shall be paid all consequential benefits. 15. Disposed of as above along with connected CMP.