- (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 7 -10 -1991 against the respondents with the prayer that by an appropriate writ, order or direction, the provision contained in the Schedule appended to the Rajasthan Technical Education Service Rules. 1973 (hereinafter referred to as "the Rules of 1973") insofar as it provides for five years ' experience as Head of Department for promotion to the post of Principal be declared illegal and be struck down. The other prayers are not being considered as after filing of the writ petition. the petitioner has retired from service of the respondents and the learned counsel for the petitioner has also not pressed for other prayers.
(2.) THE case of the petitioner as put forward by him in this writ petition is as follows : - The petitioner obtained his degree of Engineering in Electrical from M.B.M. Engineering College, Jodhpur in the year 1965. The petitioner was appointed as Lecturer in the Technical Education Department, Government of Rajasthan in the month of July 1965. Thereafter, the petitioner was promoted to the post of Senior Lecturer vide order dated 24 -10 -1983, but he joined as Senior Lecturer in January 1984. Thereafter, the petitioner was promoted on the post of Head of Department vide order dated 8 -12 -1988, but he actually joined that post in March 1989. The service conditions of the petitioner are governed by the Rules of 1973. So far as the post of Principal is concerned, it is to be filled up 100% by promotion from Head of Department in Engineering and its equivalent post and the person working as Head of Department in Engineering or its equivalent post is eligible for consideration for promotion to the post of Principal provided that such person has put in five years of service on the feeder post and his name comes in the zone of consideration. It may be stated here that the condition of five years of service on the post of Head of Department for promotion to the post of Principal, as contained in the Schedule appended to the Rules of 1973, has been mainly challenged by the petitioner in this writ petition on the ground that the length of service on the post of Head of Department was irrelevant and violative of Article 14 of the Constitution of India. Apart from this, in the Rules known as ''The Rajasthan Educational Service (Collegiate Branch) Rules, 1986 '' (hereinafter referred to as ''the Rules of 1986 ''), such type of condition is not there and, therefore, by providing the condition of five years ' experience as Head of Department for promotion to the post of Principal, a discrimination has been made by the respondents in the Service Rules, as in the Rules of 1986, the Head of Department and Lecturers have been made eligible for promotion to the post of Principal, while in the Rules of 1973, only1 Head of Department having five years ' experience have been made eligible for promotion to the post of Principal. Thus, this aspect is highly discriminatory and violative of Article 14 of the Constitution of India and, therefore, the requirement of five years' experience as Head of Department for promotion to the post of Principal as contained in the Schedule appended to the Rules of 1973, be declared illegal and unconstitutional and, therefore, the same be struck down. Hence, this writ petition with the prayer as stated above. A reply to the writ petition was filed by the respondents and their main contentions are as follows: - (I) That the Rules of 1986 have no comparison with the Rules of 1973 and thus, if some conditions have been incorporated in the Rules of 1973, the same cannot be said to be violative of Article 14 of the Constitution of India merely on the ground that such conditions are not found in the Rules of 1986. (II) That the promotions are made as per the Rules of 1973, which were published in the year 1973 and amended in 1979 and 1988 and the State Government is competent to frame and amend the Rules under Article 309 of the Constitution of India for administrative reasons. The Rule -Making Agencies have no intention to mala fide against the petitioner. Thus, there is no question of violation of Article 14 of the Constitution of India and, therefore, Rules are not discriminatory. Hence, the writ petition filed by the petitioner be dismissed.
(3.) I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and gone through the materials available on record. There is no dispute on the point that as per Schedule appended to the Rules of 1973, the post of Principal is to be filled - in up to 100% by promotion from Head of Engineering Department/Assistant Director of Technical Education and the qualification and experience for promotion to the post of Principal are as follows: - ''At least Second Class degree from a recognized University in any branch of Engineering for which courses are being run at Polytechnics or equivalent qualifications recognized as equivalent to such a degree by the Govt. with four years ' experience on the post or posts mentioned in Column No. 5." ;