MOHAMMAD RAFIQ, J. - (1.) THIS writ petition has been filed by petitioner Mohan Swaroop Saraswat praying therein that words "Gr.I" mentioned in Note No.2 below Item No.1 in Schedule appended to the Rajasthan State Electricity Board Service of Engineers (Recruitment, Promotion and Seniority etc.) Regulations, 1969 (hereinafter shall be referred to as 'the Regulations'), be declared ultra -vires of Articles 14 and 16 of the Constitution of India, and be accordingly struck down; further respondents be directed to consider his candidature against 1/3rd vacancies of direct recruitment quota meant for in service Junior Engineers as provided in Note 2 (Supra), and appoint him on the basis of his merit amongst inservice Junior Engineers, with effect from 11.11.1994, when Junior Engineers below to him in the such merit, were appointed.
(2.) PETITIONER was serving with erstwhile Rajasthan State Electricity Board, which is now divided into five different electricity companies. He is a diploma holder in Electrical Engineering. He was appointed on the post of Junior Engineer Gr.II on 27.07.1983 after a regular selection as per the Regulations. After completion of 9 years of service, he was granted selection grade vide order dated 05.11.1992. Posts of Assistant Engineer (Electrical) in the Board were to be filled in 35% by direct recruitment and 65% by promotion at the relevant time when the advertisement in question was issued by the respondents for direct recruitment, on 07.04.1993.
(3.) CLAUSE 11 of the Regulations provides for method and the manner, which is relevant for the purpose and according thereto a candidate for direct recruitment to the service as Assistant Engineer must hold a degree in engineering (Electrical, Mechanical, Civil, Tele -communication or Electronics, as the case may be) of a University established by Law in India or a Degree or Diploma of Foreign University or Institution declared by the Board/Government to be equivalent to a Degree in Engineering (Electrical, Mechanical, Civil, Tele -Communication or Electronics as the case may be) of a University established by Law in India. An advertisement was issued on 07.04.1993 by the respondents inviting applications for appointment on the post of Assistant Engineer (Electrical).;