- (1.) This order shall dispose of CWP No.27323 of 2011 filed by Rakesh Kumar Sharma and others, and CWP No.24074 of 2011 filed by Piara Lal and another. The petitioners have prayed for setting aside the office order dated 16.11.2011 (Annexure P-6) and Circular dated 01.12.2011 (Annexure P-9) issued by Punjab State Power Corporation Ltd. - respondent No.2 (for short 'PSPCL'), claiming that the same are illegal and arbitrary, inasmuch as the same purport to amend the qualifications for direct recruitment of Assistant Engineer (Electrical) contrary to the qualifications prescribed in the statutory regulations i.e. The Punjab State Electricity Board Service of Engineers (Electrical) Recruitment Regulations 1965 (for short "Regulations 1965"). The petitioners have further prayed for quashing the advertisements dated 11.11.2011 and 16.11.2011 (Annexures P-5 and P-7) to the extent that the same exclude the qualifications held by petitioners i.e. degree course through Distance Education Programme for appointment of Assistant Engineers.
(2.) The petitioners possess qualifications of B. Tech. (Electrical) acquired through Distance Education imparted by Thapar Institute of Engineering and Technology, Patiala. Initially, the Punjab State Electricity Board constituted under the Electricity(Supply) Act, 1948 (for short the Act, 1948) framed service regulations under Section 79(c) of the Act, 1948, known as Punjab State Electricity Board Service of Engineers (Electrical) Regulation, 1965, which came into force after being duly notified on 01.09.1965. The said Regulations stipulated the conditions of service, appointment and recruitment to various posts including the post of Assistant Engineer. The relevant Regulation is reproduced as under:- "7: Recruitment to the service shall be made by the Appointing Authority by any of the methods indicated below as may be determined in each case:- (a) In case of posts of Asstt. Engineers:- (i) By direct appointment as provided in Regulation 9. (ii) By promotion as provided in Regulation 10. (iii) By transfer of an officer already in the service of a Government or any other State Electricity Board or an Undertaking of government. xxx xxx xxx xxx xxx xxx xxx xxx xxx No person shall be appointed as Assistant Engineer/ Elect (on training) in the disciplines of Mechanical, Electrical, Electronics and Communication, Instrumentation and Control and Computer Sciences, unless he has passed BE in respective discipline from recognized institution/ Univ. (Equivalency as notified by the Institution of Engineers/ Association of Indian Universities/ Punjab University/ Punjab University Calendar)."
(3.) As per this Regulation for appointment as Assistant Engineer Elect (on training), the qualification prescribed was BE in respective discipline from recognized institution/University. The qualifications were amended in 2008 through a notification dated 11.08.2008. The amended Regulations notified through Circular No.8/2008 are as under:- Existing Regulation Proposed Regulation "No person shall be appointed as Assistant Engineer/Elect.(on training) in the disciplines of Mechanical, Electrical Electronics and Communication, Instrumentation and Control and Computer Sciences, unless he has passed BE in respective discipline from recognized Institution/ Univ. (Equivalency as notified by the Institution of Engineers/ Association of Indian Universities/ Punjab University/ Punjabi University Calendar)" "No person shall be appointed as Assistant Engineer/Elect. (on training) in the disciplines of Mechanical, Electrical Electronics and Communication, Instrumentation and Control and Computer Sciences, unless he has passed BE/ B. Tech./ B. Sc. Engineering or equivalent degree in respective discipline recognized by AICTE or UGC or DEC or Institution of Engineers (India) or PTU or any other statutory bodies established/ to be established under the Act of Parliament.";