PRAMOD KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner possesses B. Tech. (Mining Engineering) qualification. By means of this writ petition, he has sought the following reliefs:-

(2.) According to the petitioner, earlier only a candidate having degree or diploma in Mining Engineering was eligible for appointment as Mines Officer in Geology and Mining Department of the State Government, however, by an amendment made in 2015 in Uttarakhand Geology and Mining Service Rules, a candidate having Master's Degree in Geology was also declared eligible for appointment as Mines Officer.

(3.) Petitioner contends that since candidates with Master's Degree in Geology are eligible for appointment as Assistant Geologist in State Geology and Mining Department, therefore, opening of additional avenue of appointment for Geology qualification holders is arbitrary and irrational. It is further contended that Geology qualification holders have appointment opportunities in other departments viz. State Public Works Department, Central Public Works Department etc. whereas persons with degree in Mining Engineering do not have such appointment opportunities and they can be considered for appointment only in Department of Geology and Mining. Thus, it is contended that the Second Amendment Rules, notified on 23/12/2015, are violative of Article 14 and 16 of the Constitution of India, thus ultra vires.