ASHISH KUMAR CHAURASIA Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri Ashok Khare, learned senior counsel, assisted by Sri Siddharth Khare for the petitioner, learned Standing Counsel for the respondent No.1 and Sri Ayank Mishra for the respondent Nos. 2 and 3.

(2.) By the instant petition, the petitioner, who claims himself to be the member of the other backward classes, has challenged the condition No. 4(C) of Advertisement No.03/VSA/2003, dated 02.09.2013, issued by the Electricity Service Commission, U.P. Power Corporation Ltd., Lucknow whereby applications have been invited for filling up a large number of posts of Assistant Engineer (Trainee) in different branches of Engineering including (Civil Engineering). As per the advertisement, a candidate amongst others was required to possess a Bachelors Degree in Electrical Engineering/ Electronics Engineering/ Computer Science Engineering/Information Technology and Civil Engineering from a University or institution established by law in Uttar Pradesh or from any other institution recognized by the State Government or a degree recognized as equivalent thereto by the State Government OR Part A & B examinations conducted by the Institution of Engineers (India). (Same branch as Engineering Branch of post being applied for). Sub-clause (C) of Condition No.4 of the advertisement provided that General and OBC candidates having minimum 60% marks and SC/ ST candidates having minimum 55% marks in aggregate in Engineering Degree are only eligible to apply for the above post. It is this condition which has been challenged in the instant petition.

(3.) The learned counsel for the petitioner submitted that the aforesaid condition is arbitrary and amounts to changing the eligibility criteria provided by the service regulations. It was submitted that recruitment to the post of Assistant Engineer in the aforesaid service is governed by U.P. State Electricity Board Service of Engineers Regulations, 1970 (hereinafter referred to as the Service Regulations), which have been notified on 08.12.1970 by the then U.P. State Electricity Board, in exercise of power under Sections 79(C) of the Electricity (Supply) Act, 1948. It was submitted that Regulation 10, provides for the qualifications, as under:-