BIJOY DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) IN this petition under Article 266 of the Constitution of India, the petitioners challenged the provision of sub -rule (3) of Rule 14 of Tripura Civil Service Rules, 1967 (hereinafter called the Rules) being ultra vires on the ground that once a post is included in the feeder post for the purpose of appointment to the post of Tripura Civil Service Grade -11 the right of the incumbents holding the said feeder post cannot be denied putting an impediment of qualification requirement.

(2.) THE petitioners have been serving as Inspector (Motor Vehicles) being appointed on different dates, but all of them in the meanwhile completed 5 years regular service. The recruitment rules for the post of Inspector prescribed requisite qualification as under : ''Essential :

(3.) THE State -respondents contested the motion by filing affidavit -in -opposition contending, inter alia, that having regard to the volume of works, degree of responsibility, nature of complecated duties to be performed by the T.C.S. Grade -II officers, the authority put the qualification criterion being ''graduation '' for in -service candidates to be appointed to the post of T.C.S. Grade -II and in doing so, the State Government dwelt in the competency. No hostile attitude to any group or class of officers regardless of their placement either in Group 'A ' or Group 'B ' had been done in putting the qualification requirement being graduate for considering in -service condidancy. The affidavit -in -opposition further contains that diploma in Engineering or technical stream of education is acknowledgedly distinguishable from degree. The qualification obtained by an individual from a recognised Technical Institution affiliated to AICTE is called 'Diploma' and the 'Degree' in Technical or Engineering stream is undoubtedly being awarded by the recognised University. Duration of the course of Diploma Engineering and Degree Engineering are also different. For the course of Diploma Engineering duration is 3 years while the course of 'Degree ' Engineering varies from 4 to 5 years and in some University Diploma holders are also made eligible for prosecuting bridge (Sic) degree course and as such according to the State Government Diploma cannot be equated with degree in Technical/Engineering Education.