HEMANT JASUJA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed this petition praying for quashing the educational qualifications prescribed for direct recruitment for the post of Sub- Divisional Soil Conservation Officer (SDSCO) in the Punjab Soil and Water Conservation (Group-A) Service Rules, 2014.

(2.) The petitioner was appointed as Soil and Water Conservation Officer (SCO) in the department of Soil Conservation on 24.05.2004. At the time of his appointment, the post of SCO was governed by 'Punjab Soil and Water Conservation and Water Land Development Rules, 2001'. As per these Rules, 80% of the posts of SCO were to be filled by direct recruitment. Educational qualification specified for this post was 'Degree in Civil Engineering/ Agricultural Engineering/ B.Sc. (Agriculture)'. The next higher post of Sub- Divisional Soil Conservation Officer (SDSCO) was governed by the 'Punjab Soil Conservation and Engineering Service (Class-II) Rules, 1974" (for short Rs.1974 Rules'). As per Appendix B of these Rules, the educational qualification for the post were as under:

(3.) The State of Punjab has now notified 'Punjab Soil and Water Conservation (Group-A) Service Rules, 2014' ( for short '2014 Rules") in place of the aforementioned 1974 and 1978 Rules which have been repealed. The 2014 Rules govern the 'Punjab Soil and Water Conservation (Group A) Service' which comprises the posts of Chief Conservator of Soils, Conservator of Soils, Divisional Soil Conservation Officer, Sub-Divisional Soil Conservation Officer, Soil Conservation Officer etc. As per these Rules, 25% of posts of SDSCO are to be filled by direct recruitment. The educational qualification prescribed for SDSCO is as under: