JUDGMENT : Heard Mr. M U Ahmed, learned counsel for the petitioner. Also heard Mr. J K Goswami, learned Additional Senior Government Advocate for the respondents. 2. The petitioner herein was appointed as a Grade-IV in the amalgamated establishment of the office of the Deputy Commissioner, Barpeta as per the order of appointment dated 22.08.2012. The petitioner had obtained his graduation degree in Arts in the year 2013 by pursuing with the course after taking necessary permission from the authorities during his service period itself. The petitioner claims for a consideration for promotion to a Grade-III post under the provisions of Rule 6(b) of the Assam Ministerial District Establishment Service Rule, 1967(in short, the Establishment Rule of 1967). 3. Rule 6(b) of the Establishment Rule of 1967 is extracted as below: “6(b) By selection on the basis of seniority-cum-merit from amongst Grade IV staffs of the district establishment concerned who have passed the [High School Leaving Certificate] or equivalent examination and have rendered at least 7 years of continuous service in the district establishment on the first day of the year in which selection is made.” 4. A reading of the provisions of Rule 6(b) of the Establishment Rule of 1967 makes it discernable that 90% of the vacancies in the Grade-III are to be filled by direct recruitment and 10% thereof by promotion, amongst others, the eligible Grade-IV employees. It further provides that in order to be eligible for promotion, a Grade-IV employee must have seven years of continuous service as well as the qualification of matriculation which subsequently has been increased to a qualification of graduation. 5. According to the petitioner, the petitioner satisfies both the aforesaid two eligibility criteria for being considered for promotion. The petitioner refers to an advertisement dated 17.03.2020 wherein a recruitment process is sought to be initiated for 27 vacant posts of Junior Assistant in the establishment of the Deputy Commissioner, Barpeta. The petitioner claims that of the 27 (twenty seven) vacancies that are available, 90% thereof would be approximately 24 (twenty four) and 10% thereof would be approximately 3 (three) and therefore, out of the 27 (twenty seven) vacancies, 3 (three) of the vacancies are to be filled up by promotion from, amongst others, the eligible Grade-IV employees. 6. It is stated that one Grade-IV had already been promoted out of the three vacant posts for promotion from Grade-IV. 6. It is stated that one Grade-IV had already been promoted out of the three vacant posts for promotion from Grade-IV. If it is so, the remaining two vacant posts in the Grade-III be filled up by promotion from amongst, the eligible Grade-IV employees by following the provisions of Rule 6(b) of the Establishment Rule of 1967. In doing so, the petitioner be also subjected to the process of promotion along with other eligible candidates. The balance of the 24 (twenty four) posts may be filled by direct recruitment as per the aforesaid advertisement dated 17.03.2020. Writ petition stands allowed as indicated above.