HANUMAN PRASAD VYAS Vs. STATE

JUDGEMENT

(1.) These writ petitions involving common issues are being disposed of by this common order and the facts are illustratively taken from SBCWP No.11047/2010 Hanuman Prasad Vyas & Anr. vs. State & Ors.

(2.) The controversy arises out of the advertisement dated 10/2/2010 (Annex.2) issued for 167 posts of Junior Engineers issued by the Urban Development & Housing Department of Govt. of Rajasthan and the eligibility criteria, inter alia, provided in the said advertisement stipulated that Engineering Graduates with minimum 60% marks in their qualifying Degree course or A.M.I.E. Degree holders with minimum 55% of marks could only apply for the said posts. The present two petitioners in Civil Writ Petition No.11047/2010 Hanuman Prasad Vyas & Mr Jai Narayan Mutha are Engineering Graduations having below 60% of marks & others, admittedly, are not even Engineering Graduates nor the A.M.I.E. degree holders but are Diploma Holders in Civil Engineering and the case set up in the present set of writ petitions is that the respondent State made excessive appointments of Junior Engineers in the said selection process in pursuance of advertisement dated 10/2/2010 (Annex.2), much in excess of 167 posts notified in the said advertisement and even while doing so, the respondent State deliberately did not invite the applications and consider for appointment the diploma holders like the present petitioners, who were deprived of such opportunity to apply for the said post in view of the qualifications prescribed for the said post of Junior Engineer i.e. Engineering Graduates with minimum 60% marks or A.M.I.E. Degree with 55% marks, while leaving out the Diploma Holders altogether, whereas, according to the petitioners, under the relevant statutory Rules of 1973 applicable for the respondent Department and Public Authorities like JDA, the Rajasthan Subordinate Engineering (Building & Roads Branch) Service Rules, 1973 (for short 'Rules of 1973'), the respondents could not exclude the Diploma Holders & the Engineering Graduates below 60% of marks from the said selection process.

(3.) The prayers made in the aforesaid writ petition filed by Hanuman Prasad Vyas & Anr. are quoted below for ready reference:-