VINEY KUMAR GUPTA Vs. PANKAJ KUMAR

JUDGEMENT

(1.) THESE two*appeals under Clause 12 of the Letters Patent are directed against judgment and order dated 19.02.2009 rendered by the learned Single Judge of this Court, allowing the writ petition filed by the writ petitioner-respondents, namely, SWP no. 95/2005 along with CMPs. The matter pertains to recruitment to the post of Junior Engineer in Military Engineering Service. The pivotal issue raised before and decided by the learned Single Judge is whether marks for higher qualification could be allocated as a criteria of selection. The learned Single Judge has considered the prescribed qualifications laid down in the Rules, and the Recruitment Guidelines dated 02.07.2003. The learned Writ Court then proceeded to set aside allocation of 10 marks to the candidates possessing Degree in Engineering, holding that once the Degree in Engineering is considered to be the basic qualification and equivalent to the Diploma, then allocation of 10 marks for Degree holders by the Recruitment Guidelines was wholly unjustified. Feeling aggrieved the Union of India and its officers has filed a Letters Patent Appeal whereas the other Appeal has been preferred by Engineer Graduates who are adversely affected. FACTS:

(2.) IN the Military Engineering Services there is a service for Junior Engineers Civil, Electrical and Mechanical. For recruitment of Junior Engineer and other cognate matters, the Government of India, Ministry of Defence has framed statutory rules under proviso to Article 309 of the Constitution which are known as the Military Engineer Services Junior Engineer (Civil) and Junior Engineer (Electrical and Mechanical) Recruitment Rules, 2001 (for brevity the Rules '). In the aforesaid Rules an amendment was made on 18.06.2008 but for the purposes of the case in hand the amendment is not relevant.

(3.) IT is thus clear that the minimum qualification prescribed for the post was Matriculation or equivalent and Diploma in respect of Civil as well as Electrical/Mechanical or Automobile Engineering. The advertisement did not prescribe Bachelors Degree as a minimum qualification.