ANIL PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants are aggrieved by the common judgment and order dated 30/10/2014 of a learned single judge, rejecting their writ petitions.

(2.) An advertisement dated 10/2/2010 was issued inviting application for 167 posts of Junior Engineers, by the Urban Development and Housing Department of Government of Rajasthan. The advertisement inter alia, stipulated the eligibility criteria, 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 apply for the posts. Two of the petitioners (in WP No. 11047/2010), Engineering Graduates with marks below 60% were aggrieved; they approached this court. Others, were not Engineering Graduates- nor A.M.I.E. holders but are Diploma Holders in Civil Engineering; they too approached the court. Their contentions were that the state could not have confined the recruitment to only Engineering graduates, since the rules also enabled recruitment of diploma holders for the post. Much later during the proceedings, they sought to contend that the State made appointments of Junior Engineers in the said selection process in pursuance of advertisement dated 10/2/2010, in excess of 167 posts notified in the said advertisement. It was sought to be argued that the State did not invite applications and consider for appointment diploma holders like the petitioners, who were deprived of the opportunity to apply for the post, in view of the qualifications prescribed for the post of Junior Engineer i.e. Engineering Graduation with minimum 60% marks or A.M.I.E. Degree with 55% marks.

(3.) The petitioners alleged under the relevant statutory Rules of 1973 applicable for the state and public authorities like Jaipur Development Authority (JDA), the Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973 (for short 'Rules of 1973'), the employers could not exclude the Diploma Holders and the Engineering Graduates below 60% of marks from the said selection process.