(1) In order to promote in a group of vacant gazetted posts by evaluation of work ability in a position one grade below such vacant position as per clause (b) of sub-section (1) of section 21 of the Act. The employees of the relevant group who have reached the minimum educational qualification prescribed for the service period and the currently held post will be potential candidates. But –
(a) Apart from the minimum educational qualification prescribed for the posts of gazetted second and first class, which are filled through open competition as per clauses (g) and (h) of sub-section (1) of section 7 of the Act, also for promotion to posts above gazetted second class, gazetted third class. The minimum educational qualification prescribed for entering the service in the post will be considered to have reached the minimum educational qualification.
(b) In the case of gazetted employees who are in service at the time of commencement of these rules, up to twenty-five percent of vacant posts, employees who do not have the minimum educational qualification required for entering the service may also be potential candidates. For the purpose of promotion through assessment of working capacity in the posts, the service period as per clause (a) of sub-section (1) of Section 21 of the Act and the minimum educational qualification prescribed for entry into the currently vacant post in the post one category below such vacant post, the following employees for the following offices Possible candidates would be:
(a) For vacancies in Supreme Court, Directorate of Judgment Enforcement, Judicial Council Secretariat, Administrative Court, Labor Court, Special Court, Foreign Employment Tribunal, Debt Recovery Tribunal and Debt Recovery Appellate Tribunal Supreme Court, Directorate of Judgment Enforcement, Judicial Council Secretariat, Administrative Court, Labor Court, Special Court, Foreign Employment Tribunal, Debt Recovery Tribunal and Debt Recovery Appellate Tribunal employees,
(b) Vacancies in Revenue TribunalFor the employees of the same office,
(c) Employees working in the concerned High Court and District Courts under the jurisdiction of the High Court or the District Courts under the jurisdiction of the concerned High Court for ungazetted first class posts in the District Courts.
(d) Employees working in the same court for non-gazetted posts other than the first category of vacant gazetted posts in the district court.
(e) Employees working in the Ministry of Law and Justice, Nepal Law Commission, Justice Service Training Center or various government agencies for vacancies in the Ministry of Law and Justice, Nepal Law Commission, Justice Service Training Center and various government agencies.
(f) For vacancies in the Attorney General's Office, employees working in the same office.

(g) Appeals Public Prosecutor's Office or the District Public Prosecutor's Office under the area of ​​that office for vacant posts related to the Appeals Public Prosecutor's Office and the district under the area of ​​that office. Employees working in the Public Prosecutor's Office.
(3) In the case of non-gazetted employees working in the service at the time of commencement of these rules, if the number of potential candidates is less than the number of vacancies, employees who do not meet the minimum educational qualification prescribed for entry into the service for the vacancies that will be reduced, are also eligible for promotion through evaluation of work ability. Can be a candidate.
(4) Notwithstanding anything written in sub-rule (2), even if an employee is transferred from the concerned office to another office after the post filling percentage has been determined and the number of posts for promotion has been allocated, he shall not be deprived of being a potential candidate for promotion to the allocated post in the previous office.