AKHTAR ALI ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed assailing the Government Order dated 4th March, 2013 pursuant whereto the respondent Rural Engineering Department has proceeded to enlist the candidates for promotion to the post of Assistant Engineers from the post of Junior Engineers. The said list dated 18.3.2013 followed by the letter convening the departmental promotion committee to proceed in accordance with the said list is also under challenge. The petitioners basically contend that the respondent No. 4 and similarly situate candidates who possess invalid degrees of graduation in engineering cannot be promoted to the post of Assistant Engineer for want of such qualification. The challenge is that the respondent No. 4 and the other members whose names are contained in the list and have obtained such degrees are ineligible.

(2.) At the very outset Sri Rahul Agarwal, learned counsel for the petitioners submits that this petition is confined only to the promotional matter relating to the civil branch. The Junior Engineers who are diploma holders are entitled for being promoted to the extent of 8.33% of the posts earmarked for them. The requisition was sent by the Public Service Commission on 8th of March, 2013 and it is in pursuance thereof that the lists are being prepared for the aforesaid quota of promotion for which the departmental promotion committee has already met.

(3.) The bench which earlier heard the matter entertained the petition and called for a counter-affidavit on 11th November, 2013. The departmental promotion committee came to be postponed and as such the matter was thereafter listed on 25.11.2013 and 2.12.2013 before different benches and later came to be heard on 9.12.2013 on which date the learned counsel for the Public Service Commission gave a statement that the Public Service Commission will not hold the departmental promotion committee without the leave of the Court. This order was modified on 19.12.2013 that the proceedings of the departmental promotion committee may be concluded and the result shall be kept in a sealed cover and will be opened with the leave of the Court. The matter was again taken up on 2nd April, 2014 and the following order was passed: