ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this civil appeal, the appellants, who are science graduates, have challenged the correctness of the judgment of the Division Bench of the patna High Court in CWJC No. 5145 of 1984. This writ petition had been filed when the Board in exercise of its power under Section 79 (c) of the electricity (Supply) Act, 1948 framed certain regulations determining the service conditions, creating the cadre of Junior Engineer and further providing that only the diploma-holders with certain years of experience would be eligible to usurp the said post of Junior Engineer.

(2.) The High Court by the impugned judgment has considered the contentions raised by the science graduates in attacking the validity of the aforesaid regulation and the High Court has come to the conclusion that the power exercised by the Board in providing the regulation for appointment of junior Engineer (JTO) cadre cannot be held to be arbitrary or irrational merely because it contemplates that only the diploma-holders would be entitled to get those posts and not the ordinary science graduates. We see no infirmity with the said conclusion of the High Court requiring our interference in this appeal,

(3.) The High Court appears to have also considered the allegation of the science graduates that they have been deprived of the promotional avenue and the High Court has recorded a finding that this allegation also is not correct, inasmuch as the science graduates have their promotional avenues in the cadre of operators/technicians and, on the other hand, the High Court has come to the conclusion that the promotion of these science graduates would be quicker under the changed circumstances.