( 1 ) IN exercise of powers conferred by the proviso to Article 309 of the Constitution the President made Rules to amend the central Water Engineering (Group B) Service Rules, 1964; the amended Rules providing for promotion to the post of Assistant Engineer on 50: 50 basis from amongst those holding a degree in Engineering with three years experience and those possessing a diploma with 7 years experience of service in the lower grade. The promotion was to be effected by selection on the basis of merit with due regard to seniority from amongst persons employed in the central Water Commission in the grades of (a) Design Assistant (Engineering) (b) Supervisor and (c) Head Draftsman. The amended Rule provides that 50 per cent of the posts shall be filled by promotion of officers mentioned in sub-rule (1 possessing a degree in Engineering from a recognised University/institution or equivalent and having rendered not less than three years regular service in the respective grade in the capacity of a graduate engineer; the remaining 50 per cent posts, the rule provides, shall be filled by promotion of officers mentioned at (b) and (c) of sub-rule (1 i. e. Supervisors and Head Draftsmen possessing a diploma in Engineering from a recognised institution or equivalent qualification and having not less than 7 years regular service in the grade of Supervisor/head Draftsmanafter acquisition of the diploma in Engineering. The rules further provide that if the regular number of suitable eligible officers are not available from a particular category, i. e. degree-holders or diploma-holders, for filling in the vacancies allocated to be filled by promotion from the said category the appointing authority may fill in all or any of the vacancies by promotion of suitable eligible officers from the other category, subject to the condition that the overall promotion of vacancies to be filled from among the officers of either category shall be maintained in accordance with the quota prescribed in the preceding sub-rule. The history of this service shows that earlier under the central Water Engineering (Class II) Service Rules, 1964 the quota prescribed was 662/3 for degree-holders and 33 1/3 for diploma-holders, vide Rule 13. By the subsequent amendment introduced with effect from 11/7/1978 this quota was totally abolished but as stated earlier by the amendment rules of 8/1/1981 it was re-introduced in the ratio of 50 : 50. The diploma-holders are recruited in big numbers in the group C category below Assistant Engineers and since the sanctioned posts in the immediately next higher category of Assistant Engineers are limited in number, a large number of them stagnate and do not get even a single promotion. Their chances of promotion are further reduced because of the quota rule limiting their upward movement to 50 per cent only. That was the grievance against the quota rule with which they approached the central Administrative tribunal, Hyderabad, by way of an application, Original Application No. 262 of 1986. The challenge was both to the prescription of different periods of experience for degree-holders and diploma-holders as well as to the prescription of the quota of 50 per cent for degree-holders and 50 per cent for diploma-holders. Dealing with this challenge the tribunal proceeded to answer the same as under :

"except that the quota is differently prescribed, the rules which were questioned in that case are exactly similar. After considering the various decisions of the Supreme court, the Principal bench held as follows:

IN sum the Assistant Engineers (Akashvani and Doordarshan Group b posts) Recruitment Rules, 1982 insofar as they prescribe a longer period of service for the non-graduate Engineers and a shorter period of service for the graduate Senior Engineering Assistants in the matter of promotion to the posts of Assistant Engineers and also require the non-graduate Senior Engineering Assistants to qualify at the Departmental qualifying exami