MUKESH KUMAR MANHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners are registered Architects possessing Decree in Architecture (B. Arch. ). They are presently employed respectively as Draughtsman and head Draughtsman in the office of the Chief Architect-cum-Chief Engineer (RDD), State Public Works Department. They belong to the Madhya Pradesh Public Works Engineering (Gazette) Service constituted under the M. P. Public Works Engineering (Gazetted) Service Recruitment Rules, 1969 (for short the 'recruitment Rules' ). Their next promotional post is Assistant Architect-Class II.

(2.) THE recruitment to the post of Assistant Architect is governed by the Recruitment Rules. Schedule I to the said Recruitment Rules describes the post of Assistant Architects as a Class II post. Schedule II to the Rules prescribes the mode of recruitment. Earlier the posts of Assistant Architects were required to be filled 50% by direct recruitment and 50% by promotion. Senior Architectural Draughtsman in the Chief Architect's Office having the requisite minimum educational qualification (Bachelor's Degree in Architecture or the prescribed equivalents) alone were to be considered for promotion as Assistant Architect. The Rules underwent and amendment in the year 1991 and the mode of recruitment was altered as follows : "40% by direct recruitment and 60% by promotion" and the promotion was from the posts of Draughtsman/architect Officers. Significantly, the qualification earlier prescribed for promotion, that is Degree in Architecture, was omitted by the 1991 Amendment Rules. Before the Amendment in 1991, it is stated that promotion from the posts of Head Draughtsman/draughtsman was to the posts of 'assistant Engineer' and not 'assistant Architects'.

(3.) IN view of the 1991 Amendment to the Recruitment Rules, all Draughtsman and Architect Officers became eligible for promotion as Assistant Architects, even if they did not possess a degree in Architecture. As a consequence, respondent Nos. 3 to 5 who were Head Draughtsmen, were promoted as 'assistant Architects' by order dated 20-2-2003 though they were not possessing degree in Architecture. If the requirement of degree in Architecture which had been prescribed as a condition for promotion to the post of Assistant Architect, had continued in the Recruitment Rules, respondent Nos. 3 to 5 though senior to petitioners in the cadre of Draughtsmen, would have been ineligible and petitioners would have stood a chance of being promoted as Assistant Architects.