JAGDISH NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri K. N. Tripathi, Senior Advocate assisted by Sri Rajeev Mishra, learned Counsel on behalf of petitioners, learned Standing Counsel on behalf of respondent Nos. 1 and 2, Sri M. A. Quadeer, learned Counsel on behalf of respondent No. Sand Sri M. D. Singh Shekhar', Senior Advocate assisted by Sri Vikash Budhwar, learned Counsel on behalf of respondent Nos. 4 to 8.

(2.) PETITIONERS have to their credit a diploma in Engineering and also have a degree in the subject concerned. PETITIONERS were selected by the U. P. Public Service Commission and were appointed as Junior Engineers in the Minor Irriga tion Department of the State of Uttar Pradesh on 1st February, 2000. The appoint ment so offered to the petitioners is stated to be substantive in nature.

(3.) THE grievance raised before this Court is confined to the issue as to whether the Junior Engineers referred to in Rule 5 (1) (ii) (b) of Niyamawali, 1991, would include the Junior Engineers, who at the time of appointment possessed a de gree in Engineering only or not in the subject concerned.