ARUVENDRA KUMAR GARG Vs. STATE OF U P

JUDGEMENT

(1.) This judgment will dispose of all the four writ petitions above mentioned which have been heard together and in which same question as to constitutional validity of the relevant service rules is involved.

(2.) Writ Petition No. 17949 of 1998, Atibal Singh v. Chief Secretary, U. P. and Ors. and Writ Petition No. 19844 of 2000. Sansvir Singh and three Ors. v. State of U. P. and Ors., have been instituted for quashing and declaring notifications dated 4.8.1997 and 25.9.1997 as ultra vires of Articles 14 and 16 of the Constitution. Issuance of a writ in the nature of certiorari quashing the order dated 18.11.1999 issued by the respondent No. 2 thereby declaring vacancies in the posts of Assistant Engineer (Civil) to be filled by promotion of diploma holder Junior Engineers and degree holder Junior Engineers in given numbers has been prayed for in Writ Petition No. 19844 of 2000 filed by Sansvir Singh and three others who are all degree holder Junior Engineers and so is Atlbai Singh, the sole petitioner of Writ Petition No. 17949 of 1998. Writ Petition No. 8946 of 1998 has been instituted for issuing a writ in the nature of certiorari quashing the notification dated 25.9.1997 and a writ of mandamus commanding the respondents to revert the proposed increase of quota in promotion of diploma holders vide impugned Government Notification dated 24.12.1997. The sole petitioner Jang Bahadur Singh, a Junior Engineer, according to the averments made in para 17 of the writ petition appeared in degree examination and has perhaps obtained the degree during the pendency of the writ petition.

(3.) In Civil Misc. Writ Petition No. 42762 of 2000, Aruvendra Kumar Garg and Ors. v. State of U. P. and Ors., has been instituted by diploma holders praying for issuance of writ of mandamus directing the respondents to consider the diploma holders/petitioners for promotion to the post of Assistant Engineer in accordance with the Uttar Pradesh Service of Engineers (Buildings and Roads Branch) (Class II) Rules. 1936, as amended up to date within a specified period.