Judgment : This Writ Petition is filed by two individuals seeking a writ of mandamus for declaring the action of the 5th respondent in not issuing hall-tickets to them to appear for the examination for the post of Sanitary Inspectors, as departmental candidates, as illegal. The case of the petitioners is that they are presently working as Safaiwalas with the Cantonment Board at Secunderabad. The Cantonment Board has issued an employment notification inviting applications from eligible candidates for various posts, amongst which, three posts of Sanitary Inspectors were also advertised. Two of these three posts are meant for open category, while the remaining one is reserved for OBC category. The educational qualifications prescribed are; (1) must possess a Bachelor Degree from a recognized University: (2) a Sanitary Inspector Training Course Certificate awarded by the Chairman, Board of Examination by the State Government; (3) preference will be given to the candidates having Biological Science subject at Bachelor degree level. According to the petitioners, they have responded to the notification, but however, since they were not subjected to the process of selection by inviting them to appear for the written examination, the present Writ Petition is filed. Heard Sri Babuji Tenneti, learned counsel for the petitioners and Sri Y.V.Ravi Prasad, learned Standing Counsel for the Cantonment Board, Secunderabad. Sri Babuji Tenneti, learned counsel for the petitioners would contend that in accordance with Section 280 of the Cantonments Act, 1924, the Central Government framed the Cantonment Fund Servants Rules, 1937. Sub-rule (3) of Rule 5-B gives a right to the petitioners to seek consideration of their cases and hence, the action of the Cantonment Board, Secunderabad in not subjecting the petitioners to selection process is illegal. It is, therefore, important to note the contents of sub-rule (3) of Rule 5-B of the Cantonment Fund Servants Rules, 1937 and it reads as under: “No person who has not been declared medically fit by the authorized medical attendant and who does not possess the minimum qualifications and experience, as may be specified for each post by the officer Commanding-in-Chief, the Command, shall be appointed to any service under a Board: Provided that the minimum qualifications specified as aforesaid shall not operate to the disadvantage of an existing servant for continuance in the post to which he has been appointed or for appointment on promotion” To my mind, this rule is very clear. No person, who has not been declared as medically fit and who does not possess the minimum qualifications and experience prescribed for the said post, shall be appointed to the service under the Cantonment Board. However, an exception has been carved out in the proviso incorporated therein. The proviso clearly enables the existing employees, who may not be possessing the prescribed minimum qualifications, from continuing in service. In other words, the fact that they did not possess the qualifications shall not result in discontinuance in service of any such existing employee. Similarly, the minimum qualifications prescribed for any post shall also not act to the disadvantage of the existing employee in the matter of consideration of his case for the purpose of promotion. It means, if there is a channel of promotion available from an inferior service to a superior service, no Cantonment Board shall deny the right of consideration for such promotion to an existing employee only on the ground that he lacks to possess the minimum prescribed qualifications. Thus, the existing employee’s promotion cannot be deferred or denied with reference to the minimum qualifications prescribed for the post. His case has got to be considered for promotion irrespective of the qualifications held by him. The key to understand the proviso lies in knowing as to whether the post of Sanitary Inspector is liable to be filled in by way of promotion of Safaiwala or not. No material has been placed before me to demonstrate that the post of Sanitary Inspector is liable to be filled in by way of promotion of the existing Safaiwala of the Cantonment Board. Therefore, the proviso is not attracted to the present fact situation on record. When a post is sought to be filled in by way of direct recruitment, it is essential that all persons, who respond to any such notification, must necessarily possess the minimum educational qualifications and experience prescribed for the said post. It is purely incidental that some of those, who respond to the notifications for direct recruitment, happened to be in-service employees. They compete in the matter of direct recruitment with all others from the open market. Therefore, there is no further distinction between in-house candidates and those, who respond to the notification from the open market. It is purely incidental that some of those, who respond to the notifications for direct recruitment, happened to be in-service employees. They compete in the matter of direct recruitment with all others from the open market. Therefore, there is no further distinction between in-house candidates and those, who respond to the notification from the open market. They stand at par and hence, they both are required to possess the minimum qualifications prescribed and the experience notified for consideration and ultimate selection to the post for which they have responded. Since the posts of three Sanitary Inspectors are sought to be filled in by the respondent Board by the method of direct recruitment, but not by way of promotion, proviso to Rule 5-B (3) of Cantonment Fund Servants Rules, 1937 has no applicability and hence, this Writ Petition is dismissed at the admission stage. No costs. Consequently, the miscellaneous applications if any, shall also stand dismissed.