1. Petitioner admittedly initially has been engaged on daily rated basis, finally his services were regularized as against the post of Orderly in pursuance to order dated 28.11.2006. Petitioner subsequently has completed his Post Graduation and has also Diploma in Computer to his credit. He claims right of consideration for being promoted to the post of Junior Assistant. 2. It is projected that promotion as against the post of Junior Assistant, in terms of the Board decision, has to be granted on possessing the qualification, such as, the in-service candidate must be matriculate having five years aggregate service in Board and must register a speed of 25 words per minute in typing. 3. It is contended that the respondent Board is not adhering to the requisite qualification and in deviation thereof contemplate to accord promotion. 4. In opposition, learned counsel for the respondents projected that the condition i.e. registering 25 words per minute in typing has been waived off temporarily by the then Chairman which practice is still in vogue. Petitioner is junior in the cadre of Class IV employees having approximately 63 matriculates and even Graduate Orderlies senior to him who are yet to be promoted due to non-availability of posts against 33% quota. The petitioner can be considered in his own quota at his own turn in order of seniority at appropriate time subject to availability of posts in the said quota. It is further projected that the norms are being strictly followed except type test which has been put on hold for sometime by the Board. 5. The Secretary, J&K State Board of School Education has issued order No. 330-B of 1989 dated 21.08.1939 in pursuance to the decision taken by the Board at its meeting held on July 22, 1989, where-under norms have been approved for promotion and appointments in the non-gazetted cadre. The norms as fixed for the post of Junior Assistants are incorporated in the order at serial No. 2, same is quoted here-under:- 1. Jr. Assistants Rs. 950-1500 Graduation with a type speed of 30 words per minute. On the basis of merit and suitability. Proficiency in typing to be ascertained through a test. Note: 30% of the posts of Jr. Jr. Assistants Rs. 950-1500 Graduation with a type speed of 30 words per minute. On the basis of merit and suitability. Proficiency in typing to be ascertained through a test. Note: 30% of the posts of Jr. Asstts shall be reserved for Matriculate Class-IV employees of the Board who have an aggregate service of 5 years in the Board and can register a speed of 25 words per minute in typing. 6. The adherence to the conditions incorporated cannot be diluted by saying that the requirement of registering a speed of 25 words per minute is waived off by the then Chairman of the Board of School Education. The condition as stipulated can be modified only by the Board, not by the Chairman himself. However, Chairman has a power, in view of provisions of "The Jammu and Kashmir State Board of School Education Act, to recommend such modification. Unless and until the conditions are not modified, those are to be strictly followed. 7. Learned counsel for the respondents was pointedly asked to show from the records as to whether any such order has been passed which would provide for keeping on hold the condition of registering a speed of 25 words per minute, same could not be produced. If a practice is in vogue, that cannot be substituted for the norms as fixed. Therefore, unless and until conditions are not modified by the Board, same are to be followed in letter and spirit. 8. Contention of the learned counsel for the respondents that the petitioner is much junior and will be considered at his own turn subject to availability of the posts, is quite genuine. 33% quota as is reserved for matriculate Class IV employees has to be filled up subject to availability of posts in accordance with norms. The petitioner cannot claim superior right, he amongst others has to be considered at his own turn. If candidates senior to him possess the requisite qualification, then they have first right of consideration but in case eligible candidates are not available from amongst Class IV employees, then petitioner has a right of consideration. 9. The petitioner cannot claim superior right, he amongst others has to be considered at his own turn. If candidates senior to him possess the requisite qualification, then they have first right of consideration but in case eligible candidates are not available from amongst Class IV employees, then petitioner has a right of consideration. 9. Viewed thus, this petition is disposed of with the direction to the respondents that they, while filling up 33% posts of Junior Assistants reserved for Class IV matriculate employees, shall strictly follow the conditions of eligibility as contained in Order No. 330-B of 1989 dated 21.8.1989 and in the process if the petitioner falls within consideration zone and is otherwise also eligible, he shall also be considered for such promotion as against the said quota. 10. Disposed of as above along with connected CMP.