HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.9594 of 2011 Date of Order:26.04.2011 Between: Md.Muntaj Begum ..Petitioner and The Andhra Pradesh Horticulture University, Venkatramanna Gudem and another ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.9594 of 2011 ORDER :- This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the 1st respondent in promoting the 2nd respondent as Superintendent, who has not passed the Accounts Test for Sub-ordinate Officers Part-I, vide proceedings No.9155/Ser(NT)/2010-I, dated 07.03.2011, as illegal and arbitrary and against the service rules of the 1st respondent-University and consequently direct the 1st respondent to promote the petitioner to the post of Superintendent from the date on which the 2nd respondent was promoted to such post with all consequential benefits like seniority, arrears of salary, increments etc. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner joined in the 1st respondent-Andhra Pradesh Horticulture University as an Attender on 20.03.1998. As the petitioner fulfilled requisite qualifications and passed all the departmental tests, he was promoted to the cadre of Senior Assistant. As per the seniority list of the Senior Assistants, prepared and circulated by the 1st respondent, dated 09.12.2010, the name of the petitioner stands at Sl.No.9 and the name of the 3rd respondent stands at Sl.No.3. There were four vacancies of Superintendents. Out of eight candidates, whose names stands above the name of the petitioner in the seniority list of senior assistants, one N.Narasimha Murthy, whose name stands at Sl.No.1 is absconding from the last two years and D.Lakshmi, whose name stands at Sl.No.2 is opted to ANGRU and therefore, the petitioner is not eligible to get promotion in the University. The 2nd respondent, whose name stands at sl.No.3 is not eligible to get promotion as he has not passed the required departmental tests i.e., Accounts Test for Sub-ordinate Officers Part-I. Even for getting the promotion from the post of Junior Assistant to the post of Senior Assistant, Accounts Test for Sub-ordinate Officers Part I is required to be passed. Though the 2nd respondent has not passed the required departmental tests to get the promotion to the post of Senior Assistant, he could not get the same, but was given promotion only after crossing of 45 years of age in view of G.O.Ms.No.225, General Administration (SER.C) Department, dated 18.05.1999. As the 2nd respondent got promotion to the post of Senior Assistant after crossing of 45 years of age, he is not eligible to get exemption for passing of the departmental tests to get the promotion to the post of Superintendent. Since the 2nd respondent has passed only Accounts Test for Sub-ordinate Officers Part-II but not passed Part-I, he is not eligible to be promoted to the post of Superintendent. Hence, the writ petition. 3. In spite of service of notice to the 1st and 2nd respondents, none appears. 4. The Board of Management of Sri Venkateswara Veterinary University makes the following Regulations vide resolution No.265, dated 27.10.2008, which is called as Sri Venkateswara Veterinary University Ministerial Service Regulations 2008. As per the Regulations for the posts of Superintendents, which is in the Category-I, the method of recruitment is 1) By promotion of Senior Assistants in the Admn. Office and those in colleges / Research Stations who passed Accounts Test for Subordinate Officers-Part-I and II and ii) By conversion from the Special Category Stenographer. 5. The qualification norms for promotion, whether prescribed by a statutory rule or regulations, must be valid in law. A person must be eligible for promotion having regard to the qualifications prescribed for the post before he can be considered for promotion. It is, therefore, the duty of the authority concerned to consider whether the aspirant fulfils the requisite qualifications. The seniority factor cannot override the eligibility criteria in the matter of promotion to the next higher post although it is relevant only amongst persons having requisite qualifications i.e., eligibility. 6. The entire case of the petitioner is that the 2nd respondent is not a qualified and eligible candidate for promotion to the post of Superintendent, as he has not passed the accounts test as required under the aforesaid Regulations. The order of the 1st respondent, dated 07.03.2011, promoting the 2nd respondent as Superintendent, would go to show that the promotion of the 2nd respondent is purely temporary subject to passing of Accounts Test for Subordinate Officers Part-I to be conducted by the A.P.P.S.C. within a period of two years i.e., on 20.03.2010. The promotion of the 2nd respondent as Superintendent, on 07.03.2011 is contrary to the said Regulations as passing of Accounts Test for Subordinate Officers part-I and II is imperative. For exigencies of the post, one can understand to fill up the same, if no other qualified candidate is eligible. The question of giving some concessions to the persons to pass the required departmental test would arise, in the absence of suitable candidate in the feeder category, but when a qualified candidate is available, giving such a promotion contrary to the regulations is not permissible. 7. Hence, the writ petition is allowed. The appointment of the 2nd respondent is declared as illegal and arbitrary and consequently the 1st respondent is directed to consider the case of the petitioner in accordance with rules and regulations governing the service conditions of the petitioner for the post of Superintendent. ______________ K.C.BHANU, J April 26, 2011 lmv