Judgment

Nanavati, J.-Leave granted. Heard learned counsel for both the sides.

2. Only question that arises for consideration in these appeals is whether Rule 2(1)(a) of the Assistant Engineers (Akashwani and Door­darshan Group ‘B’ Posts) Recruitment (Amendment) Rules, 1985 is dis­criminatory and, therefore, violative of Articles 14 and 16 of the Constitution. The Principal Bench of the Central Administrative Tribu­nal has held that it is. Challenging the decision of the Tribunal, the Union of India and also P.N. Kohli and Malchar Malviya who were re­spondent Nos. 2 and 3 before the Tribunal, have filed these appeals.

3. The All India Radio and Doordarshan have a common technical cadre. The channel of promotion in the Engineering Section is from the post of Engineering Assistant to the post of Senior Engineering Assistant and then to the post of Assistant Engineer (Gazetted). Earlier, re­cruitment to the post of Assistant Engineer was made in accordance with the Recruitment Rules of 1972. Under those Rules, 60 per cent posts of Engineering Assistants were reserved for departmental Engineering Assistants who were degree-holders and 40 per cent posts were filled up by direct recruitment