THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16487 of 1996 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the decision of the Board of Directors dated 8.12.1994 for effecting promotions to the posts of Assistant Managers and Under Managers taking the date of passing of qualifying examination as criteria for the purpose of seniority, as arbitrary and illegal. There is no necessity of going into all the details. It is suffice to notice that the petitioner is an Engineering Graduate in Mining and was appointed in the Respondent Corporation as Under Manager w.e.f. 14.4.1985. The next promotion is to the post of Assistant Manager. The promotion to the post of Assistant Manager is purely based on seniority and passing of First Class Mine Manager’s Competency test conducted by the Director General of Mines Safety. The petitioner passed the said test on 3.6.1994. Thereafter, promotions were effected to the post of Assistant Manager on 27.12.1994. On 27.12.1994, according to the petitioner, many of his juniors were promoted, but he was denied with the said promotion on the ground that though he is senior in the cadre of Under Manager as per service seniority, but since he has passed the First Class Mine Manager’s Competency Examination later to that of his juniors. The learned counsel for petitioner submits that for the purpose of promotion to the cadre of Assistant Manager, the service seniority was not given criteria, but the date of passing of qualifying examination was taken into consideration for the purpose of promotion to the post of Assistant Manager. In the counter filed by the respondents, it is stated that earlier, the date of seniority was given criteria for giving promotions, but subsequently, on account of Board Resolution dated 8.12.1994, the date of passing of qualifying examination was given criteria for the purpose of promotion to the post of Assistant Manager. The petitioner cannot question such policy and he has not made out any case for interference by this Court under Article 226 of the Constitution of India. The law in this regard is well settled. The qualifying examination cannot be taken as seniority for the purpose of promotion to the higher post. Apart from the seniority, the person must also pass certain qualifying examinations. Whether a junior passed earlier or senior passed later has no relevance for the purpose of fixing seniority in a particular cadre for the purpose of promotion to the higher post. What is supposed to be seen is that, as on the date of effecting promotions, whether a senior has passed the qualifying examination or not. This alone can be the criterion for the purpose of promoting a person to the higher post. I am of the opinion that the impugned decision of the Board of Directors dated 8.12.1994 and the policy adopted is atrocious, irrational and therefore, the same is liable to be set aside and accordingly set aside. The Respondent-Management is directed either to consider the promotion of the petitioner from the date when his juniors were promoted to the post of Assistant Manager i.e. 27.12.1994 or put all the persons those who have been promoted on 27.12.1994 on notice and decide the seniority and re- consider their cases for promotion to the post of Assistant Manager as on 27.12.1994. The writ petition is accordingly allowed. No order as to costs. _____________ C.V.RAMULU, J Date: 9.3.2007 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16487 of 1996 9.3.2007 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16487 of 1996 Date: 9th March, 2007 Between: G.Surender .. Petitioner And The Singareni Collieries Co. Ltd., rep. by its Chairman and Managing Director, Kothagudem and others. .. Respondents