- (1.) ALL the writ petitions mentioned in the Schedule annexed hereto are disposed of by this common order since the validity of Rule 6-C of the Rajasthan Service of Engineers and ALLied Posts (Public Health Branch) Rules, 1968 (for short the Rules of 1968) and Rule 7-C of the Rajasthan Service of Engineers and Research Officers (Irrigation Branch) Rules, 1954 has been challenged.
(2.) UNDER the proviso to Rules, the direct recruitment has been shown as direct recruitment in the ratio of 50% and by promotion in the ratio of 50%. There is a proviso under Rule 7 (1)-C that if the Government is satisfied in consultation with the Rajasthan Public Service Commission that the suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by the other method in relaxation of the prescribed proportion may be made in the same manner as specified in these rules. It is an admitted position that no advertisement was issued for direct recruitment since 1982 and the advertisement which has now been issued on 27. 4. 1994/23. 6. 1994 in exercise of the power which has been conferred under Rule 6-C of the Rules of 1968 and Rule 7-C of the Rules of 1954 has been challenged. The provisions of Rule 7-C of the Rules of 1954 reads as under :- "7-C. Limited direct recruitment to the posts of Assistant Engineer :- Notwithstanding anything contained in these rules or the Rajasthan State Engineering Service (Direct Recruitment by Combined Compe- titive Examination) Rules, 1991, the post of Assistant Engineer in direct recruitment quota lying vacant on 31. 3. 1991 and continuously so lying vacant till the date of this amendment, shall be filled in from amongst the persons who were possessing the qualifications for direct recruitment to the posts of Assistant Engineer and holding the posts of Junior Engineer in the Department on 31. 3. 1991 through a one time selection to be made by Commission in accordance with the procedure prescribed in part-IV of these Rules limited for such persons if they were otherwise eligible for direct recruitment to the Costs of Assistant Engineer on that date without any age limit. " The provisions of Rule 6-C of the Rules of 1968 are also having the same language. The grievance of the petitioners is that this one time selection by promo- tion is contrary to the basic scheme of method of recruitment as provided under the Rules and there was no justification in filling up the vacancies by direct recruitment quota lying vacant till 31. 3. 91 by promotion. Learned Advocate General has pointed out that formerly on the integration of service from various States generally there were persons who were known on Overseers and lateron they were redesignated as Junior Engineers and Sub-Engineers. Those persons who possessed the qualifications of Degree in Engineering were designated as Junior Engineers and who were Diploma Holders were designated as Sub-Engineers. No preference was given between Junior Engineers and Sub-Engineers except that in the case of Junior Engineers the eligibility for promo- tion was three years experience as Junior Engineer and in respect of the persons who were Diploma Holders their experience was required to be of 10 years. When the Rules of 1968 were made, the quota for recruitment amongst the direct recruits and by promotion was fixed as 75% direct recruitment and 25% by promotion. This quota of 25% promotion amongst the persons who were holding the posts of Junior Engineers as well as Sub-Engineers was increased to 50% in 1976. In 1982 the Council of Diploma Engineers (Union) of the incumbents working in the three Engineering Departments of the Government of Rajasthan i. e. Public Works Department (Building and Roads) (PW DB & R), P. W. D. (Irrigation) and P. W. D. (P. H. E. D.) raised a objection that all those Diploma Holders who had an experience of 10 years or more and working as Sub-Engineers and consequently who are permissible for promotion quota be also made eligible to compete for the direct recruitment quota posts as the Degree Holders Junior Engineering incumbents are eligible to take part for direct recruitment. By notification dated 7. 12. 1985 an amendment was made in the Rules and for the expression Sub-Engineer, expression `junior Engineer (Dip- loma Holder) and Junior Engineer (Degree holder)' was substituted and in the column relating to recruitment following was substituted: B. E. (Civil) or qualification declared equivalent thereto by the Government. OR Diploma in Civil Engineering and 10 years experience on the post of Junior Engineer (Civil) in Government Department. The above was prescribed as qualification eligibility criteria for direct recruitment. It is stated that there was a counter-agitation by the Degree Holder Junior Engineers Union in all the three Engineering Departments and this agitation continued for three years which adversely effected the smooth working of the three departments of the Government and consequently the Government had to withdraw the earlier notification making Diploma Holder Junior Engineers with 10 years or more experience being eligible to compete in the direct recruitment for the post of Assistant Engineers quota and consequently an amendment was introduced by the Government on 21. 7. 1988. By order dated 3. 8. 1988 the requisitions of recruitment to the posts of Assistant Engineers to Rajasthan Public Service Commission was with held. Lateron, a committee headed by the Secretary, P. H. E. D. , Chief Engineers of all the three Engineering departments as well as the representatives from these departments as well as the Government Finance Department took a decision that the persons by way of working arrangement working as Technical Assistants in the various divisions of the Engineering Departments at the rank of Junior Engineers both Degree Holders as well as Diploma Holders with requisite experience of 10 years be upgraded as Assistant Engineers and accordingly such persons who were Degree Holders with three years experience and Diploma holders with 10 years experience were provided to be working on these upgraded posts. This was done because of the fact that the Degree holder Junior Engineers could not have the promotion avenues for 8 years and Diploma holders for 26 years. The recommendations of the committee were taken into consideration by the Go- vernment and 173 posts of Junior Engineers were upgraded, 86 by order dated 12. 1. 1989, 26 by order dated 5. 7. 1989 and 61 by order dated 13. 9. 1990. The total posts of Assistant Engineers (Civil) from 1981-82 to 1990-91 were 271 out of which 136 were to be filled in by promotion on the recommendations of the Departmental Promotion Committee and the remaining 135 were to be filled in by direct recruitment on the recommendations of the Rajasthan Public Service Commission. 18 such posts which were required to be filled in under the direct recruitment quota through Rajasthan Public Service Commission had already been filled in by 18 persons because of the recommendations of the R. P. S. C. in excess during the year 1981, 1982 and 1983 and, therefore, 117 posts were to be filled in through R. P. S. C. for direct recruitment. It is also stated that the total number of posts of Assistant Engineers Mechanical & Electrical were 94, out of which 47 were to be filled in by promotion on the recommendations of the Departmental Promotion Committee and 47 were to be filled in by direct recruitment on the recommendations of the R. P. S. C. and 8 of such posts were to be filled in by direct recruitment on the basis of selections made in 1981-82 in excess and thus only 39 posts were to be filled in till the vacancies of 1991. The Departmental Promotion Committee for filling up the vacancies of Assistant Engineer Civil as well as Mechanical and Electrical for the period 1981-82 to 1990-91 was held on 19. 9. 1992 and the posts now remained to be filled in by direct recruitment are 114 of Assistant Engineers Civil and 36 of Assistant Engineers Mechanical and Electrical.
(3.) AN amendment in the Rajasthan Service of Engineers and Allied Posts (Public Health Engineering Branch) Rules, 1968 was made by notification dated 28. 8. 1993 and it is stated that Rule 6-C is in public interest and cannot be said to be arbitrary, un- reasonable or capricious or wanton in any manner as the total posts which were continuing of the Assistant Engineers (Civil) 271 and 94 Mechanical & Electrical. An advertisement No. 1/94-95 was issued on 27. 4. 1994 for 114 posts of Assistant Engineers Civil, Irrigation and 36 posts of Assistant Engineers, Mechanical in Irrigation. Another notification on 23. 6. 1994 was issued in which 180 posts in Civil were advertised and 17 posts for Assistant Engineers Mechanical were advertised. It is the validity of the provisions of Rule 6-C of the Rules of 1968 and Rule 7-C of the Rules of 1954 and the advertisement dated 27. 4. 1994/23. 6. 1994 is in dispute. According to the submission of the learned counsel for the petitioners it is stated that one time selection by promotion has effected the rights of those can- didates who have qualified Engineering during the period from 1982 to 1991 and there was no necessity of converting such posts to be filled in by promotion instead of direct recruitment. In various writ petitions which have been filed the candidates have qualified the examination of B. E. after 1991 and in few of them the candidates have passed the examination before 1991. ;