Judgement

S.C. AGRAWAL, J. :- The question that falls for consideration in this appeal is whether Entry 19 of the Schedule to the Rajasthan State Electricity Board Officers (Recruitment, promotion and Seniority) Regulations, 1974 (hereinafter referred to as the 1974 Regulations) is violative of the provisions of the Articles 14 and 16 of the Constitution. The said Entry relates to promotion to the post of Asst. Accounts Officer/ Asst. Audit Officer/ Asst. Revenu Officer in the Rajasthan State Electricity Board (hereinafter referred to as the Board). It prescribes that 75 of the vacancies shall be filled by promotion on merit basis from Accountants with at least 7 years service as Accountant and 25 of the vacancies shall be @page-SC884 filled by promotion on merit basis out of the Accountants possessing an Intermediate of Cost and Works from the Institute of Cost and Work Accountants, Calcutta with five years experience as Accountant in the Board or a graduate holding diploma in Cost and Works from a University established by law in India with five years as Accountant in the Board.

2. The 1974 Regulations came into force on October 30, 1974. Prior to the making of the 1974 Regulations, appointment on the post of Asst. Accounts Officer was regulated by the Rajasthan Subordinate Accounts Service Rules, 1963, which had been made applicable to the Board. Under the said Rules Accountants with five years experience as Accountants were eligible for promotion to the post of Asst. Accounts Officer. The next post higher to the post of Assistant Accounts Officer is that of Accounts Officer and under Entry 16 of the Schedule to the 1974 Regulations, appointment to the said post is by direct recruitment as well as by promotion from amongst Assistant Accounts Officers.

3. Appointment to the post of Accountant is governed by the RSEB Ministerial Staff Regulations, 1962. (hereinafter referred to as "the 1962 Regulations) and is made, in a prescribed ratio, through(i) departmental competitive examination, (ii) promotion of Junior Accountants and Upper Division Clerks and above, and (iii) direct recruitment [Regulation 6 (1) (xii)]. Rajasthan Rajya Vidyut Karmachari Federation, a registered body of the staff employed with the Board filed a Writ Petition [D.B. Writ Petition No. 5720 of 1990] where in Entry 19 of the Schedule to the 1974 Regulations was assailed on the ground that it is violative of Arts 14 and 16 of the constitution. The said writ petition was dismissed by a Division Bench of the High Court of judgment dated January 3, 1991. Thereafter another Writ Petition [D.B. Civil Writ Petition No. 338/91] was filed by the RSEB Accountants Association, appellant herein. The said Writ Petition came up for consideration before another Division Bench of the High Court and the learned Judges were not in agreement with the view taken earlier in the case of Rajasthan Rajya Vidyut Karmachari Federation (supra) as regards the validity of Entry 19 of the Schedule to the 1974 Regulations and by order dated February 21, 1991, the following question was referred for consideration by a Full Bench:

"Whether in the Schedule to the Rajasthan State Electricity Board Officers (Recruitment, Promotion and Seniority) Regulations, 1974 under Entry No 19 providing quota of 25 for promotion of Accountants holding the qualifications of Intermediate with ICWA or Graduate with DCWA is valid and is not violative of Art. S. 14 and 16 of the Constitution?"

4. By judgment dated June 30, 1995, the Full Bench answered the said question in the affirmative and held that Entry No. 19 of the 1974 Regulations is not violative of Articles 14 and 16 of the Constitution. The matter was thereafter again placed before a Division Bench of the High Court and in view of the judgment of the Full Bench, the Writ Petition filed by the appellant was dismissed by order dated August 3, 1995. Hence this appeal.

5. Dr. A.M. Singhvi, the learned senior counsel appearing for the Board, has raised a