NARINDER VERMA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) These appeals have arisen out of judgment and order dated April 30, 1999 delivered in a batch of writ petitions, by the learned Single Judge, whereby he has dismissed the writ petitions upholding the selection made by the J&K Subordinate Services Selection Recruitment Board (for short "the Board") to the posts of Junior Engineers Grade-II (Electrical) in the Power Development Department.

(2.) The Board, issued Notification No. 6 of 1997 dated 1.3.1997 inviting applications from the desirous candidates for selection to the posts of Junior Engineer Grade-II (Electrical), fixing the last date for submission of the applications as July 31, 1997. The essential eligibility qualification for seeking consideration by the candidates was mentioned as "B.E./A.M.I.E. (A&B), Diploma in Electrical/Electronics Engineering" in the advertisement Notice. 2229 candidates responded and after subjecting them to the process of selection, the Board selected 300 candidates with a waiting list. The Selection List was published in a Daily Newspaper on December 25, 1998. The selection came to be challenged by both Degree Holders and Diploma Holders by means of SWP Nos. 12/99, 65/99, 108/99, 123/99, 143/99, 164/99, 254/99, 258/99, 277/99 and 340/99. The learned Single Judge after appreciating the controversy raised by the parties in their pleadings, upheld the selection and dismissed the writ petitions by a common judgment under appeal.

(3.) Aggrieved of the judgment of the learned Single Judge, appellants have preferred these appeals reiterating the same grounds viz. the statutory qualification prescribed for the post of J.E. Grade-II as B.E/A.M.I.E.(A&B)/Diploma in Electrical/Electronics Engineering is discriminatory. The Board has assessed the candidates reserving 80 marks to be awarded proportionate to the marks secured in the Degree/Diploma, though the Degrees have been obtained from different Institutes located in different parts of India where the pattern of conducting the examinations is entirely different from those who have obtained their Degrees from Regional Engineering Colleges situated outside and in the State of Jammu and Kashmir. Some of the Universities outside the State consider only the marks secured for the last year examination for the purposes of awarding Division/positions and some of the Universities take into consideration two years' or even four years' marks, whereas, Regional Engineering Colleges consider four years' marks obtained in the final examination. The period of study for a Decree Course is four years, examinations are conducted in Semester Sessions and the candidates have to pass 41 theory papers plus 20 practical, whereas, the period of study for Diploma Course is three years, examinations are conducted in Annual Sessions and the candidates have to pass 20 theory papers and 18 practical. To undergo Decree Course, a candidate is eligible only if he has passed 10+2 whereas for Diploma Course the eligibility qualifications to be selected, is Matric. Technical qualification of Degree and Diploma cannot be equated for the purposes of assessing their merit and suitability being these two different qualifications and cannot be treated alike. The criterion, without giving any weightage to the higher qualification is discriminatory.