HARINDER SINGH SIDHU,J. - (1.) The petitioner has filed this petition praying for quashing the educational qualifications prescribed for direct recruitment for the post of Sub- Divisional Soil Conservation Officer (SDSCO) in the Punjab Soil and Water Conservation (Group-A) Service Rules, 2014.
(2.) The petitioner was appointed as Soil and Water Conservation Officer (SCO) in the department of Soil Conservation on 24.05.2004. At the time of his appointment, the post of SCO was governed by 'Punjab Soil and Water Conservation and Water Land Development Rules, 2001'. As per these Rules, 80% of the posts of SCO were to be filled by direct recruitment. Educational qualification specified for this post was 'Degree in Civil Engineering/ Agricultural Engineering/ B.Sc. (Agriculture)'. The next higher post of Sub- Divisional Soil Conservation Officer (SDSCO) was governed by the 'Punjab Soil Conservation and Engineering Service (Class-II) Rules, 1974" (for short Rs.1974 Rules'). As per Appendix B of these Rules, the educational qualification for the post were as under: "(a) A degree of B.Sc. in Civil or Agricultural Engineering of a recognised Indian or Foreign University; or (b) A degree of Master of Science in Agronomy or Soil Sciences of a recognised university with an experience of filed, teaching or research in Soil Conservation for a minimum period of three years." The next higher post of Divisional Soil Conservation Officer (DSCO) was governed by 'Punjab Soil Conservation and Engineering Service (Class-I) Rules, 1978' (for short Rs.1978 Rules'). As per these Rules 50% of these posts, were to be filled by direct recruitment. As per Appendix B of these Rules , educational qualification of this post was: "A degree of B.Sc. in Civil or Agricultural or Mechanical Engineering of a recognised Indian or Foreign University: Provided that preference will be given to the candidates who possess higher academic qualification with brilliant record."
(3.) The State of Punjab has now notified 'Punjab Soil and Water Conservation (Group-A) Service Rules, 2014' ( for short '2014 Rules") in place of the aforementioned 1974 and 1978 Rules which have been repealed. The 2014 Rules govern the 'Punjab Soil and Water Conservation (Group A) Service' which comprises the posts of Chief Conservator of Soils, Conservator of Soils, Divisional Soil Conservation Officer, Sub-Divisional Soil Conservation Officer, Soil Conservation Officer etc. As per these Rules, 25% of posts of SDSCO are to be filled by direct recruitment. The educational qualification prescribed for SDSCO is as under: "M.Sc. (Agriculture) with Soil Science or Conservation agriculture as major subject or B.Tech., Agriculture Engineering in first Division with an experience of five years in an organisation (Public or Private) directly dealing in Soil Conservation or Water Management or Natural Resource Management. Provided that at least 40% posts shall be filled up from amongst the candidates, who possess degree in Agricultural Engineering." ;