KIMTI LAL KATHURIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THESE two writ petitions involve certain common questions of law and it would be convenient to decide both of them together by this judgment. Both these writ petitions involve the validity of prescribing certain additional experience on the part of officials who are somewhat educationally inferior vis-a-vis the other officials who are educationally a little bit better equipped. Whether such differential in the two sets of officials can be upheld as valid and not violative of Arts. 14 and 16 of the Constitution of India, is the question.

(2.) IN Civil Writ No. 2132/84 the petitioners are Junior Engineers in the service of Delhi Development Authority-respondent No. 1 and they can be termed as 'diploma-holders' while respondents 2 to 96 are presently working as Assistant Engineers in the service of respondent I having been promoted from the rank of Junior Engineer and they having possessed the degree of civil engineering can be termed as 'degree-holders'.

(3.) THE facts in brief are that the recruitment to the post of Junior Engineer is made from degree-holders who need not have any experience of working and also from the persons holding diplomas in civil engineering, who have to have two years prior experience. Respondent 1 has adopted promotion rules to the posts of Assistant Engineer and Executive Engineer as prevalent in the Central Public Works Department vide Resolution No. 574 dt. 13th November 1963. 50% of the posts of Assistant Engineer can be filled up by direct recruitment and minimum qualification for the same is graduate in civil engineering. There is no quarrel in these writ petitions with regard to the direct recruitment of 50% posts from the persons holding degree in civil engineering. Out of the remaining 50% posts, half of the posts have been reserved for promotion from the Junior Engineers holding degree in civil engineering with three years experience as Junior Engineers and half quota of the posts is reserved for diploma-holders having eight years experience.