KEDAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the writ petitions mentioned in the Schedule annexed hereto are disposed of by this common order since the validity of Rule 6-C of the Rajasthan Service of Engineers and ALLied Posts (Public Health Branch) Rules, 1968 (for short the Rules of 1968) and Rule 7-C of the Rajasthan Service of Engineers and Research Officers (Irrigation Branch) Rules, 1954 has been challenged.

(2.) UNDER the proviso to Rules, the direct recruitment has been shown as direct recruitment in the ratio of 50% and by promotion in the ratio of 50%. There is a proviso under Rule 7 (1)-C that if the Government is satisfied in consultation with the Rajasthan Public Service Commission that the suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by the other method in relaxation of the prescribed proportion may be made in the same manner as specified in these rules. It is an admitted position that no advertisement was issued for direct recruitment since 1982 and the advertisement which has now been issued on 27. 4. 1994/23. 6. 1994 in exercise of the power which has been conferred under Rule 6-C of the Rules of 1968 and Rule 7-C of the Rules of 1954 has been challenged. The provisions of Rule 7-C of the Rules of 1954 reads as under :- "7-C. Limited direct recruitment to the posts of Assistant Engineer :- Notwithstanding anything contained in these rules or the Rajasthan State Engineering Service (Direct Recruitment by Combined Compe- titive Examination) Rules, 1991, the post of Assistant Engineer in direct recruitment quota lying vacant on 31. 3. 1991 and continuously so lying vacant till the date of this amendment, shall be filled in from amongst the persons who were possessing the qualifications for direct recruitment to the posts of Assistant Engineer and holding the posts of Junior Engineer in the Department on 31. 3. 1991 through a one time selection to be made by Commission in accordance with the procedure prescribed in part-IV of these Rules limited for such persons if they were otherwise eligible for direct recruitment to the Costs of Assistant Engineer on that date without any age limit. "

(3.) AN amendment in the Rajasthan Service of Engineers and Allied Posts (Public Health Engineering Branch) Rules, 1968 was made by notification dated 28. 8. 1993 and it is stated that Rule 6-C is in public interest and cannot be said to be arbitrary, un- reasonable or capricious or wanton in any manner as the total posts which were continuing of the Assistant Engineers (Civil) 271 and 94 Mechanical & Electrical.