KISHAN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The core controversy involved in the present batch of writ petitions is promotion on the post of Assistant Engineer (Civil) in the U.P. Public Works Department under 50% quota as provided under the Uttar Pradesh Public Works Department "Group-B" Civil Engineering Service Rules, 2004 (for short 'Rules, 2004').

(2.) These writ petitions have been filed by the petitioners, who are Junior Engineers (Technical). The cadre of Junior Engineer (Technical) is consisting of two sets of Junior Engineers (i) Junior Engineer (Technical)/Computers having been appointed under the Sarvajanik Nirman Vibhag Sangdak Sewa Niyamawali, 1968 (for short 'Rules, 1968') in the U.P. Public Works Department, who were directly recruited as Junior Engineer (Technical)/Computers through U.P. Public Service Commission; and (ii) who were initially appointed as Draftsman having two years Engineering Diploma in any trade (Civil/Mechanical/Draftsman) from Industrial Training Institute (ITI) or any other qualification as prescribed under the Rules, 1968 and, as per the provisions contained in Part-VI (Rule 19) of the Rules, 1968, who got promoted as Junior Engineer (Technical) under 20% quota prescribed for them having rendered ten years substantive service as Draftsman and, subject to passing of the departmental examination (condition of passing of departmental examination was relaxed in the year 1975) pursuant to the recommendations of the U.P. Public Service Commission.

(3.) Rules, 1968 were amended in the year 1992, whereby the promotion quota was increased from 20% to 50%. Part-VI (Rule 19) of the Rules, 1968 provides the eligibility and procedure for promotion of the Draftsman to the post of Junior Engineer (Technical). Appointment on the post of Draftsman is made under the Uttar Pradesh Sarvajanik Nirmaan Vibhaag Rekhankan Adhisthaan Sewa Niyamawali, 1984 ( for short 'Rules, 1984'). Rule 5 of the said Rules prescribes the source of recruitment and Rule 8 prescribes qualification for appointment on the post of Draftsman. The qualification as prescribed under Rule 8 of the Rules, 1984 is High School examination from the U.P. Board or any other examination recognized by the Government equivalent thereto and any other qualification as prescribed under Appendix-C of the said Rules. Appendix-C of the said Rules, 1984 would read as under:-