- (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: "A) In part 'A' of Schedule II (Executive), for class-I, the following shall be substituted, namely :- 'I 'A' Junior Engineer (Elect) Grade-I (Selection Category) 2125-3600 100% by promotion from category 'B' provided that :- a) Degree Holders possess at least 5 years service as such; and b) Diploma Holders possess at least 10 years service as such 'B' Junior Engineer (Elect) Grade-II 1400-2300 a) 85% direct recruitment; and b) 15% by promotion from amongst three years Diploma Holders in Electric/Electronic Engineering from Recognised Polytechnic Institution having at least 5 years service in Class-III category 'A'. B. The following Notes shall be added after note (2) at the end of the Part (A) of the schedule:- (3) The existing Junior Engineers (Degree Holders) in the pay scale of 2000-3400 (revised) shall, however, retain their own pay scale till they are promoted as Assistant Engineers (Elect). The posts thus vacated by them on their promotions shall be automically (sic) converted into the scale of Junior Engineer Grade-II. (4) Degree Holders in Electric/Electronic Engineering on recruitment as Junior Engineer Grade-11 shall be given a higher start on Rs. 1720.00 per month in the pay scale of Rs. 1400-2300.00. (5) The Diploma Holders having acquired AMIE (Section 'A' & 'B') qualification shall also on appointment as Junior Engineers Grade-II be entitled to a higher start of Rs.1720.00 per month. (6) Similarly, a Diploma Holder functioning As (sic) Junior Engineer Grade-11 and drawing pay at a stage lower than Rs. 1720.00 per month shall be entitled to refixation of his pay at the stage of Rs. 1720.00 per month on acquiring AMIE (section A & B) qualification."
(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.";