HITARTH MAHENDRAKUMAR ARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having heard Mr. Vaibhav Vyas, learned advocate appearing for the petitioners in both these cases and on perusal of notification dated 24.10.2002 namely, rules regulating recruitment to the post of Town Planner, Class-I in the Town Planning and Valuation Department namely, Town Planner Class-I(Town Planning and Valuation Department) Recruitment Rules, 2002, for appointment to the post of Town Planner, Class-I, two modes are provided namely, by promotion as well as by direct selection and to be eligible for appointment by direct selection to the post mentioned in sub-rule 2, a candidate has to possess as per Rule 4(b)(i), Degree in Architecture or Civil Engineering from a University established by law in India or its equivalent qualification from an institution recognized by the Government and (ii) Post Graduate Degree or Post Graduate Diploma in City Planning or Town Planning or Traffic and Transportation Planning or Regional Planning or Urban Design awarded by university established by Law in India or by an Institute recognized by the All India Council for Technical Education or a membership obtained by examination of Institution of Town Planners of India, New Delhi. There are other provisions about minimum experience and knowledge of languages with which, at present we are not concerned.

(2.) Our attention is drawn to other notification dated 10.2.2010 whereby for the post of Junior Town Planner, Class- II, rules namely, Junior Planner, Class II(Town Planning and Valuation Department) Recruitment Rules, 2010 provide mode of appointment by promotion and direct selection and Rule 4 of the above rules came to be amended by notification dated 23.12.2014 namely, Junior Town Planner, Class-II (Town Planning and Valuation Department) Recruitment (Amendment) Rules, 2014, wherein Rule 2(ii) referred to "Urban Design or Urban Planning or Infrastructure Planning or Industrial Planning". Thus, Infrastructure planning is an educational qualification for being eligible for selection to the post of Junior Town Planning, Class-II. Likewise, notification dated 26.8.2015 refers to rules for regulating recruitment to the post of Senior Town Planner, Class-I in the General State Service under the Town Planning and Valuation Department namely, Senior Town Planner, Class-I, Recruitment Rules, 2015 and Rule 4(b)(ii), along with other disciplines of Post Graduate Degree, provides Infrastructure Planning as one of the required educational qualifications to be eligible to contest for direct selection to the post of Senior Town Planner, Class-I and further, notification dated 19.4.2016 is pertaining to rules regulating recruitment to the post of Additional Chief Town Planner, Class-I in the Town Planning and Valuation Department namely Town Planning and Valuation Department Rules, 2016 and Rule 4(b)(ii) also provides Infrastructure Planning as one of the educational qualifications.

(3.) Accordingly, Mr. Vaibhav Vyas would contend that for the post of Town Planner, Class-I, the discipline of Infrastructure Planning is not provided there as requisite qualification and eligibility criteria and recruitment rules are framed in exercise of powers conferred by the proviso to Article 309 of the Constitution of India and exclusion of the petitioners in both these cases on the ground that discipline of Infrastructure Planning is not to be considered as a qualification and eligibility criteria for the post in question i.e. Town Planner, Class-I is discriminatory, illegal, arbitrary and violative of Article 14 of the Constitution of India.