JUDGMENT D.K. Seth, J.
1. The Petitioner's father died in harness on February 15, 1993. Admittedly the petitioner is a graduate as claimed in paragraph 2 of the writ petition. He was given employment for the post of clerk, a class III post. The petitioner claimed to be promoted to the post of Junior Branch Manager on the ground that he has the same qualification for the said post which is graduation.
2. Learned counsel for the petitioner, relying on Regulation No. 104 of U.P. Co-operative Societies Employees Regulations, 1975 contends that in such cases suitable employment is to be given. Since the petitioner is a graduate, therefore, he is also suitable for Junior Branch Manager or Assistant Accountant. Therefore, he should be given appointment in such posts. The appointment of the petitioner in the post of clerk is not commensurate with his qualifica-; tion. Relying on Annexure No. 7 to the writ petition, he points out that the qualification for the post of Assistant Accountant and Junior Branch Manager is graduation.
3. By the impugned order, being Annexure No. 1 to the writ petition, his representation was rejected on the ground that the petitioner is qualified for class III post and that he having been a graduate placed in third class, he does not quality for the other posts.
4. After having heard the learned counsel for the petitioner, it appears that by reason of Regulation No. 104 suitable employment is to be given commensurate with the qualification. Since Class III post also requires the qualification of graduation that of a clerk cannot be said to be not commensurate with his qualification. By reason of Sub-clause (iv) of Regulation 104, in case of appointment under Regulation 104, regular procedural requirements of selection, such as written test and interview by Selection Committee are dispensed with. The only thing that is to be looked into is that the candidate is able to maintain the minimum standard of efficiency expected of him. Such discrimination is made in favour of the incumbent on compassionate ground giving preference to the incumbent without requiring him to compete with other eligible candidates. Simply because he possessed the minimum qualification, he cannot claim as of right to a posting in any other post when he has already been given posting in a post commensurate with his qualification. The petitioner had accepted the said position on joining the post. Such appointment under Regulation 104, if given once, in a suitable post, it does not entitle such an incumbent to continue to claim for some other suitable post at subsequent stages whenever there might be vacancies unless by reason of his eligibility he satisfies for promotion to such post, according to the normal procedure and system for promotion to such a post. The relaxation on initial selection cannot continue permanently and extended to subsequent stages for some other higher or better postings. A person so posted cannot have choice except as provided in Regulation No. 104 for defeating the claim of other persons coming from open market through open competition.
5. In that view of the matter, I do not find any reason to interfere with the order impugned. The writ petition therefore, fails and is, accordingly, dismissed. No order as to costs.