5. If, for a moment, the argument as extended by the learned counsel for the respondent is accepted, in that eventuality, the Institute itself while formulating its rules and in particular when it relates to O3 level post which included Hindi Translator, which was a Ministerial cadre post, they themselves have, in column 4, admittedly, made the said post as to be a post which is available to be filled by way of promotion from the feeding cadre of O2 level post and the basic eligibility criteria was that the candidate should have worked on O2 level post for a period of 5 years to make him eligible to be considered for promotion. The said provision governing the criteria of promotion and eligibility of 1986 Rules continued to be in vogued till an administrative contingency accrued in the department, whereby a situation arose as there was no one available in the feeding cadre of O2 category who was eligible to be considered for promotion for O3 level post, consequently, in a meeting, which was held on 21st July 1988, as held by the Governing Body of the Institute, they, by virtue of their Agenda Item No. 6.2 had taken a decision that the said post of “Hindi Translator”, which was otherwise under the Rules it has been directed to be filled up by way of promotion. Since there is no provision for direct recruitment and there is no qualified O2 level person available therein, but since it was necessary to fill the post, they have taken a decision for making a direct recruitment on the post of Hindi Translator which otherwise under the existing rules was a promotional post from feeding cadre of O2. Meaning thereby, reference to Agenda point No. 6.2 as taken by the Institute’s Governing Body on 21st July 1988, in fact, was a conscious decision taken by the Institute irrespective of so-called reference of the letter dated 14th January 1985, on which reliance was placed during the course of the argument by the learned counsel for the respondent. In that eventuality, if the respondents themselves had taken a decision by
