BHIKA RAM JATIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these petitions, the petitioners have challenged the portion of Rajasthan Industrial Service Rules, 1960 (hereinafter referred to as the 'Rules of 1960') in so far as they relate to the criteria for filling up the post of Assistant Director. The facts are taken from D.B. Civil Writ Petition No. 4344/2021.

(2.) The petitioner is having qualification of 3 years diploma in Civil Engineering from a recognized institution. He was appointed as Inspector weights and measures in the industries department of the State Government under order dtd. 27/6/1994. He was promoted to the post of District Industries officer on 27/7/2017. Next promotion is to the post of Assistant Director. As per Rule 22(1) of the Rules of 1960, promotion would be on the basis of seniority-cum-merit from the eligible officers in the grade referred to in Column 6 to Schedule I, subject to their possessing the qualifications and experience specified in Column 7 and 8. Schedule I in relation to the post of Assistant Director provides that the post would be filled up 50 percent by way of promotion and 50 percent by way of direct recruitment.

(3.) The grievance of the petitioner is that for promotion, minimum educational qualification prescribed is graduation whereas for direct recruitment, even diploma is considered sufficient. Learned counsel for the petitioner submitted that this amounts to discrimination. There cannot be two different educational qualifications prescribed in Rules for direct recruitment and promotion. It is in this context that the petitioner has challenged the vires of the said Rules.