The primal question to be determined in this writ petition is whether the so called Engineers, who are merely Diploma holders, can be permitted entry into the service under Bihar Engineering Service Class-I, allowing them promotion to the post of Executive Engineer, Superintending Engineer and Chief Engineer?

2. This writ petition has been heard at length for several days and with consent of all the parties, it is being disposed of at this stage itself. Mr. Ram Naresh Shukla, Advocate appeared for the petitioners in support of the writ petition, Mr. Piyush Lall, Assistant Counsel to learned Additional Advocate General-I appeared on behalf of the State and Mr. Chitranjan Sinha, learned Senior Counsel ably assisted by Mr. Aakashdeep, Advocate appeared for the contesting respondents.

3. Originally this writ petition was filed on 21.09.2006 challenging Annexure-11, the letter from the Road Construction Department, Government of Bihar, Patna to the Bihar Public Service Commission (hereinafter in short B.P.S.C.), being letter dated 26.08.2006. By this letter, the Department informed the B.P.S.C. in response to the letter dated 22.07.2006 of the B.P.S.C. (Annexure-A to the counter affidavit of B.P.S.C.) that in view of Rule-8 of the Bihar Engineering Service Class-I Rules, 1939 there is no restriction on promotion of a Diploma holder to the said service or in the said service being Bihar Engineering Service Class-I.

4. It would be the submission of the petitioners that this stand is wholly untenable and in direct conflict with the Division Bench judgment of this Court in the case of Sk. Md. Amir Ansari versus the State of Bihar and others since reported in 1973 BLJR 223. The private respondents would submit that the position as understood by the Department is correct and Diploma holders can be appointed by promotion to the Bihar Engineering Service Class-I and consequently could be promoted up to Chief Engineer.

5. Petitioner no.1 is an Association of Graduate Engineers from Engineering Colleges in India and represents the cause of Degree holder Engineers and serving as such in Bihar Engineering Service Class-II and Bihar Engineering Service Class-I. Petitioner no.2 is one such Graduate Civil Engineer posted at that time as Assistant Engineer in the Water Resources Department, Government of Bihar to which these Rules also apply. He is the elected General Secretary of the said Association, petitioner no.1. Petitioner no.2 is also authorized by the Executive Committee of the Association to pursue all matters in Court on behalf of the Association. Petitioner no.3 is a Graduate Engineer and was at that material time Executive Engineer in the Road Construction Department to which also the Rules apply. Petitioner nos.4, 5 & 6 are also Graduate Engineers and are Executive Engineers in the Road Construction Department. As the writ petition was originally filed respondent 2ndset, i.e., respondent nos.9 to 39 are all Diploma holders from State Technical (Vocational) Education Board having done the three years Diploma course after Matriculation from different Polytechnics. They have not only been appointed by way of promotion to Bihar Engineering Service Class-I but were proposed to be promoted to different ranks therein jeopardizing and adversely affecting the chance of promotion of the petitioners and their like.

6. During pendency of the writ petition, an intervention application was filed by the Subordinate Engineers Association, Bihar which was allowed by this Court and the said Association was added as party-respondent no.35. It is not in dispute that this Association, Subordinate Engineers Association is a representative body of Diploma holder Engineers espousing the cause of Diploma holder Engineers in the State. In view of the intervention application being allowed, this Court had noted that as representative body of the Diploma holder Engineers had been made a party to the writ petition, the interests of private-respondents