B. P. Jeevan Reddy, J. - (1.) This writ petition is an instance of the classic dispute between promotees and direct recruits. The writ petitioners are Assistant Engineers in the Central Engineering Service-Class III (Gazetted Officers) in the Central Public Works Department (C. P. W. D.). Appointment to the category of Assistant Engineers' service is governed by the Central Engineering Service, Class-II Recruitment Rules, 1954 (hereinafter referred to as '1954 rules'). These rules are divided into six parts. Part I is general. It contains the interpretation clause. Part-II deals with the method of recruitment. Rules 3 to 5, relevant for our purpose occur in this part. The Rules before their amendment in 77 and 1958 read as follows:"3. Recruitment to the Service shall be made by any of the following methods:- (a) By competitive examination in India in, acordance with Part III of these Rules. (b) By direct appointment in accordance with Part IV of these Rules of persons selected in India otherwise than by competitive examination. (c) By promotion in accordance with Part V of these Rules. (d) By transfer in accordance with Part VI of these Rules." "4. (a) All appointments to the service or to posts borne upon the cadre of the Service shall be made by the Government. (b) No appointment shall be made to the Service or to any post borne upon the cadre of the Service by any method not specified in Rule 3. (c) Subject to the provisions of sub-rule (b), the method or methods of recruitment to be employed for the purpose of filling any particular vacancies in the Service or such vacancies therein as may be required to be filled during any particular period and the number of candidates to be recruited by each method shall be determined by the Government. 5. Appointments to the Service made otherwise than by promotion will be subject to orders issued from time to time by the ministry of Home Affairs regarding special representation in the services for specific sections of the people."
(2.) Rule 3 thus provided for four methods of appointment namely, (a) by competitive examination held in accordance with Part III of the said rules, which means an examination conducted by the U.P.S.C. Rule 21 which occurs in Part III provides that the candidates selected under this part shall be appointed as Assistant Engineers on probation for two years and if considered fit for permanent appointment, they will be confirmed in their appointments; (b) by direct appointment in accordance with Part IV of these Rules i.e., otherwise than by competitive examination. Rule 23 occurred in Part IV. Recruitment by selection under this rule was to be made "from among temporary engineers and temporary section officers employed on the civil engineering side of the Central Public Works Department after consultation with the Commission." The proviso to Rule 23(1), however, provided that it is not necessary to consult the commission in the case of any person, if the commission were consulted in connection with his temporary appointment to the service. The eligibility criteria is the same as is provided for appointment under method (a) except in the matter of age. The age of the candidate should not be more than 40 years; (c) by promotion in accordance with Part V Rule (sic) is the only rule occurring in Part V. It reads "recruitment by promotion shall be made by selection on the basis of merit from among permanent section officers employed in the civil engineering side of the Central Public Works Department." (d) by transfer in accordance with Part VI of the said rules. Part VI again contained a solitary rule - Rule 25. We need not refer to this Rule since it is not relevant for our purpose.
(3.) Rule 4 provided that no appointment. shall be made to the service except in the manner prescribed by Rule 3. Clause (c) of Rule, however, empowers the Central Government to determine the number of candidates to be recruited by each method, among other matters.;