SANJAY KUMAR Vs. NARINDER VERMA

JUDGEMENT

(1.) This group of appeals arises from the same set of facts and from the same impugned judgment of the Division Bench of the High Court of Jammu & Kashmir, hence, it would be convenient to decide all these appeals by a common judgment.

(2.) On 12.6.1997 the Government of Jammu & Kashmir, Power Development Department, by a notification amended the Jammu & Kashmir Power Development Department (Subordinate) Service Recruitment Rules, 1981 (hereinafter referred to as "the Rules"). The amendment was as under:

(3.) The amended Rules require that for being eligible as a Junior Engineer (Electrical) a candidate must possess either a Degree or Diploma in Electric/Electronic Engineering. The Rules nowhere provide for any preferential treatment for either category of candidates. The Power Development Department made a requisition to the Service Selection Recruitment Board (hereinafter referred to as "the Board") for selecting Junior Engineers (Electrical) Grade-II. On a query raised by the Board the Power Development Department clarified on 19.9.1997 that "there is no need/justification for any quota to be laid down for intake of Diploma holders or Degree holders through direct recruitment as Junior Engineers (Electrical/Electronic)" and, further that, selection for Junior Engineers had to be entirely on the basis of merit. It was further clarified that "The methodology of determining merit amongst candidates having different educational qualification should be decided by the SSRB, to whom these posts have been referred."