JUDGMENT : DEVASHIS BARUAH, J. 1. Heard Mr. I Hussain, the learned counsel appearing on behalf of the petitioner. Mr. S Baruah, the learned Junior Government Advocate, Assam appears on behalf of the respondent Nos.1 and 4 and Mr. T.J. Mahanta, the learned senior counsel, assisted by Mr. D Gogoi, learned counsel appears on behalf of respondent Nos.2, 3, 4 and 5. None appears on behalf of the respondent Nos.6 and 7 on call. 2. The petitioner herein has assailed the Office Order under Memo No. DJ.XII-7/2018/942-56/E dated 03.03.2022 on the ground that the respondent No. 6 inspite of not having the qualification of being HSLC pass was upgraded to the post of Process Server (Jarikarak) against the post vacated by one Sri Ram Kumar Modak, who retired on superannuation. 3. This Court upon filing of the instant writ petition had stayed the impugned order dated 03.03.2022 issued by the learned District and Session Judge, Dhubri, insofar as the upgradation of the respondent No. 6 was concerned. Pursuant thereto, though notice was issued to the respondent Nos.6 and 7, the respondent Nos.6 and 7 chose not to appear. 4. In the background of the above, the question, therefore, arises as to whether the respondent No. 6 could have been upgraded to the post of Process Server (Jarikarak), in view of the fact that the respondent No. 6 had passed only Class-VIII, whereas the petitioner had the qualification of HSLC and was senior to the respondent No. 6. 5. Mr. TJ Mahanta, the learned senior counsel appearing on behalf of the respondent Nos.2, 3, and 5 submitted that vide the Notification dated 13.02.2020, this Court in its administrative side had directed all the Appointing Authorities of the subordinate Court establishments of Assam to uniformly consider the promotion of all eligible Grade-IV employees, other than Process Servers to the post of Process Servers, in the light of the draft Assam District Court Employees Service Rules, 2018 until the Rules are notified by the Government. The learned senior counsel, therefore, submitted that from a perusal of the eligibility criteria to the post of Process Server: for direct recruitment: the candidate has to be a graduate in any discipline and must have knowledge in the official language of Assam, whereas for promotion: the required educational qualification is that he/she must be HSLC pass and must have the experience of completing 5(five) years of continuous service in Group D-II of the service. The learned senior counsel, therefore, submitted that the draft Assam District Court Employees Service Rules, 2018 was required to be followed. He further submitted that pursuant to the Notification dated 13.02.2020 issued by the Registrar Administration of this Court, the learned District and Sessions Judge, Dhubri could not have passed the impugned order, thereby upgrading the respondent No. 6 to the post of Process Server (Jarikarak) against the vacant post arising out of superannuation. 6. This Court has also taken note of the gradation list of Grade-IV staff of the year 2021 of the establishment of District and Sessions Judge, Dhubri. In the said gradation list, the petitioner is at serial No. 9, whereas the respondent Nos.6 and 7 are at serial No. 13 and 14 respectively. Against the educational qualification, the petitioner has been shown as HSLC pass, whereas the respondent No. 6 is Class VIII pass. However, the respondent No. 7 is a Graduate. It is also seen that the petitioner is senior to the respondent No. 6, inasmuch as, the petitioner was appointed on 01.02.2007, whereas the respondent No. 6 was appointed on 11.03.2013. 7. Taking into account the above aspect of the matter, it is, therefore, clear that the impugned order dated 03.03.2022, insofar as, the respondent No. 6 is concerned is contrary to the Notification dated 13.02.2020 as well as the draft Assam District Employee Service Rules 2018 which categorically mandates that for the purpose of promotion to the post of Process Server, the candidate has to be HSLC pass. In that view of the matter, the impugned order dated 03.03.2022, insofar as, the respondent No. 6 is concerned is interfered with. 8. In that view of the matter, the impugned order dated 03.03.2022, insofar as, the respondent No. 6 is concerned is interfered with. 8. The learned District and Sessions Judge, Dhubri is therefore directed to forthwith carry out a fresh selection process for filling up the vacant post of Process Server (Jarikarak) in accordance with the draft Assam District Court Employee Services 2018, if not notified till then by the State authorities. 9. The instructions which has been placed by Mr. TJ Mahanta, the learned senior counsel is kept on record and marked with the letter ‘X’. 10. With the above, this writ petition stands disposed of.