BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE three writ petitions are by the Assistant Engineers in the Radio branch of the Public Works Department, who have challenged the prescription of the ratio of 1:1 between graduates and non-graduates Assistant engineers prescribed by the proviso to rule 2 of the Kerala Engineering Service (Radio and Electrical branches ) Rules, hereinafter referred to as the Rules, for promotion to the cadre of Assistant Executive Engineers (Radio ). Rule 2 of the Rules which prescribes the method of appointment to the cadre of Assistant executive Engineers (Radio) reads as follows: "2. appointment.-- (a) Appointment to the categories specified in column (2) of the Table below shall be by the method specified in the corresponding entry in column (3) thereof.

(2.) ASSISTANT Executive Engineer (Radio) 1. Recruitment by transfer from category of ASSISTANT engineer (Radio) of the Kerala Engineering Subordinate Service (Radio branch) 2. In the absence of suitable candidates for appointment by transfer by direct recruitment. (b) Promotion and appointment by transfer shall be made from select lists of eligible officers prepared on the basis of merit and ability, seniority being considered only where merit and ability are approximately equal. Persons included in a select list shall be ranked in the order of their seniority. Provided that a ratio of 1:1 shall be followed between graduates and non-graduates for appointment to the post by transfer, without stipulation of cadre strength. " Qualifications for the post of ASSISTANT Executive engineers (Radio) are prescribed by rule 3 of the Rules, which read as follows: "2. ASSISTANT Executive 1. For Recruitment by transfer: Engineer (Radio) Must have rendered service as ASSISTANT Engineer in the radio Branch on duty for a period of not less than, (a) Five years in case he is a Degree- holder. (b) Ten years in case he is a Diploma-holder; and (c) Fifteen years in case he is a certificate-holder. " It is clear from the above Rule that Degree-holders with five years' service, Diploma-holders with ten years' service and certificate-holders with 15 years 'service in the cadre of ASSISTANT Engineers (Radio) are treated as eligible for promotion to the cadre of ASSISTANT executive Engineers (Radio ). Appointment by transfer to the said category is required to be made from a select list of eligible officers prepared on the basis of merit and ability. The proviso to rule 2 of the Rules was added by notification dated 2-8-1983 with retrospective effect from 13-5-1981 by which a ratio of 1:1 is prescribed for promotion to the cadre of ASSISTANT Executive engineers (Radio) between Graduates on the one hand and the non-graduates on the other. It is this prescription of the ratio of 1:1 between Graduates and non-graduates that is challenged by the petitioners on the ground that it is violative of articles 14 and 16 of the Constitution. Though in one writ petition the prescription of different number of years of service for Degree-holders, diploma-holders and Certificate-holders is also challenged, no arguments in that behalf were advanced during the course of hearing of these cases, obviously for the reason that the contention in that behalf stands concluded by the recent decision of the Supreme Court in Roop Chand v. Delhi Development authority (AI. R. 1989 S. C. 307 ).

(3.) WHAT has been stated in the counter-affidavit of the 8th respondent stands unrebutted as no reply affidavit has been filed by the petitioner in the said writ petition. It is clear from the statement of the 8th respondent that non-graduates did not have the technical equipment to undertake any work relating to TVs. , Telephone Exchanges, Tape Recorders, Public Address and Conference Systems as their knowledge and technical skill is limited to radio repairing. Thus it becomes very clear that the technical skill possessed by the non-graduates is inadequate to meet the requirements of the service of the Radio Engineering service. It is there fore clear that without the requisite number of graduates being there to man the posts of Asst. Executive engineers the Department cannot carry on its functions satisfactorily as the non-graduates are not at all equipped to deal with the advanced technology in respect of T. Vs. , V. C. Rs. , Tape Recorders, Telephone Exchanges, Public address and conference systems etc. On a consideration of all relevant facts and circumstances, we have no hesitation in taking the view that the rules far from discriminating against the non-graduates have shown favour to the non-graduates. A concession has been shown to them by rendering them eligible for promotion to the post of Assistant Executive Engineers (Radio) even though they do not possess the technical skill required for the post of Assistant executive Engineers (Radio ). The non-graduates cannot therefore complain about discrimination. The challenge to the proviso to the rule prescribing the ratio of 1:1 between Graduates and non-Graduates is not liable to be declared void as violating Articles 14 and 16 of the Constitution of India. For the reasons stated above, these writ petitions are dismissed. No costs. . .