- (1.) Leave granted. Heard learned counsel for both the sides.
(2.) Only question that arises for consideration in these appeals is whether Rule 2 (l) (a) of the Assistant Engineers (Akashwani and Doordarshan Group 'b' Posts) Recruitment (Amendment) Rules, 1985 is discriminatory and, therefore, violative of Articles 14 and 16 of the Constitution. The Principalbench of the central Administrative tribunal has held that it is. Challengingthe decision of the tribunal, the Union of India and also P. N. Kohli andmalchar Malviya who were Respondents 2 and 3 before the tribunal, havefiled these appeals.
(3.) All India Radio and Doordarshan have a common technical cadre. The channel of promotion in the Engineering Section is from the post of Engineering Assistant to the post of Senior Engineering Assistant and then to the post of Assistant Engineer (Gazetted). Earlier, recruitment to the post of Assistant Engineer was made in accordance with the Recruitment Rulesof 1972. Under those Rules, 60. 00 per cent posts of Assistant Engineers were reserved for departmental Engineering Assistants who were degree-holder and 40. 00 per cent posts were filled up by direct recruitment on the basis of Engineering Service Examination conducted by the Union public service commission. Those Rules were replaced by the Assistant Engineers (Akashwani and Doordarshan Group 'b' Posts) Recruitment Rules of 1982 Under these rules also, before they were amended in 1985, 60. 00 per cent of the promotion quota was filled up from amongst graduate Engineers and remaining 40. 00 per cent posts from the diploma-holders after they cleared the departmental examination. In 1985, the President made the following rule to amend the 1982 Rules: "(1 These rules may be called the Assistant Engineers (Akashwani and and Doordarshan Group 'b' Posts) Recruitment (Amendment) Rules 1985. (2 They shall come into force on the date of their publication in theofficial Gazette. 2. In the Schedule to the Assistant Engineers (Akashwani and Doordarshan Group 'b' Posts) Recruitment Rules, 1982- (1 In column II, for the entry, the following entry shall be substituted, namely:;