JUDGMENT M.I.Arun, J. - Aggrieved by the order passed in WP.No.108900/2014 dated 05.11.2014, the petitioner therein has preferred this appeal. 2. Brief facts of the case are that; The appellant was promoted from the post of Office Superintendent to the post of Assistant Registrar in respondent No.2- University by its order dated 29/30.03.2012 which was recalled by its order dated 30.08.2013 (should be read as 30.08.2014). 3. Aggrieved by the said order of recall, the appellant preferred writ petition No.108900/2014. In the said proceedings, it was contended by respondent No.2-University that a person can be recruited to the post of Assistant Registrar by way of promotion or by way of direct appointment. However, he has to be a graduate without which he cannot be so promoted. In the instant case, the appellant is not a graduate and hence even though he has necessary experience, he cannot be so promoted. He was promoted erroneously and hence order has been recalled. Agreeing with the contention of respondent No.2-University, the writ petition filed by the appellant herein has been dismissed by the learned Single Judge. Aggrieved by the same, the appellant has preferred this intra-Court appeal. 4. The question that arises for consideration in this appeal is whether the appellant was duly qualified to be promoted to the post of Assistant Registrar in respondent No.2-University as per its regulations. 5. Respondent No.2-University has adopted the statute of respondent No.4-University in respect of recruitment and promotions to its non teaching staffs. The relevant portion of the Statute pertaining to the appointment of Assistant Registrar and Superintendent are as follows: S. No. Designation of the post Pay scale Minimum qualification Method of recruitmen 1 XXXXX 6 Asst. Registrar/Asst. Controller of examination/Assistant Registrar (Accounts) 900- 1750 a) Graduate with good academic records b)Administrative Experience of not less than 5 years in Govt. Dept. or in an Educational Institution. c) In case, Asst. Registrar, Accounts, pass in SAS. Either by direct recruitment or by promotion by selection form the cadre of superintendents who have put in not less than 5 years service and who have passed the Departmental test prescribed by the University or by Deputation 7 Asst. Office Superintendent 600- 1240 a) A degree of a recognized University. b) 5 years experience in office work in Govt. Dept. Office Superintendent 600- 1240 a) A degree of a recognized University. b) 5 years experience in office work in Govt. Dept. or in an Educational Institution 50% by direct recruitment 50% by promotion form the cadre of First division Clerks and Stenographers having put in a service of not less than 5 years in that cadre and who have passed the Departmental test prescribed by theUniversity Thus, a person can be appointed as Assistant Registrar either by way of direct recruitment or by way of promotion by selection from the cadre of superintendent. In case of promotion, the candidate should have put in not less than five years of service as a superintendent and should have passed the departmental examination prescribed by respondent No.2-University. 6. Admittedly, the appellant herein has put in more than five years of service as superintendent and has passed departmental examination. However, he is not a graduate. Now the question arises whether a person who is serving as a superintendent has to necessarily be a graduate, to be promoted as Assistant Registrar or is it sufficient if he has put in more than five years of service as a superintendent and passed the departmental examination? 7. Literal meaning of Statute prescribing the minimum qualifications and method of recruitment to the post of Assistant Registrar shows that a person can be recruited as Assistant Registrar either by way of direct recruitment or by promotion from the cadre of superintendent who has put in not less than five years of service and has passed the departmental examination or it can be by way of deputation. A person being recruited directly has to necessarily be a graduate, but as in the case of the appellant, who is a superintendent, what is required is that he has to have put in not less than five years of service as a superintendent and passed the departmental examination. 8. The above answer is fortified by the fact that even for the post of superintendent in which the appellant is presently posted in case of direct recruitee, he should necessarily have a degree from the recognized university, but in the case of a promotee, it is only the service and passing of departmental examination what is required. 8. The above answer is fortified by the fact that even for the post of superintendent in which the appellant is presently posted in case of direct recruitee, he should necessarily have a degree from the recognized university, but in the case of a promotee, it is only the service and passing of departmental examination what is required. The provision appears to be in consonance with the principles of assured career progression, for otherwise the staff would be languishing in the same post for decades or till superannuation. 9. Admittedly, the appellant is a superintendent, to which post also he was promoted. The same analogy needs to be applied for a person to be posted as an Assistant Registrar. The appellant having necessary service and having passed the necessary examination is entitled to be appointed as Assistant Registrar. If the argument of respondent no.2-University is to be accepted, then the appellant could not have been appointed as a Superintendent. It is not the case of respondent No.2 that appellant is not qualified to be appointed as a Superintendent. Furthermore, if the argument is accepted, the Statute providing appointment by way of promotion would be rendered redundant or more onerous to the in-service candidates as they, apart from possessing the graduate degree and experience would also be required to pass the departmental examination whereas the direct recruitees need to possess only a graduate degree + 5 years experience. Such an interpretation is per se discriminatory and would fall foul of the law. In the light of the above discussion, the appellant succeeds and is entitled to be appointed as an Assistant Registrar. 10. For the aforementioned reasons, promotion of appellant as Assistant Registrar by respondent No.2- University was in accordance with law and recall of the said order is erroneous. Accordingly, the following order: ORDER i) The writ appeal is allowed. ii) The order passed in WP.No.108900/2014 is hereby set aside. iii) The order bearing No.Vi.Shri.Kru.Vi.Ba /Adalitha/2014-15/866 dated 30.08.2013 vide Annexure D to the writ petition passed by respondent No.1 is hereby set aside. iv) The respondent Nos.1 and 2 are directed to continue the appellant in the post of Assistant Registrar. No order as to costs.