JUDGMENT

1. The present writ application has been filed by the three petitioners for quashing of Clause 4 (i) of Advertisement No. 01 of 2019, issued under the signature of Deputy Secretary, Bihar Technical Service Commission (hereinafter referred to as 'the Commission'), for appointment on the vacant posts of Junior Engineer (Civil/Mechanical/Electrical), to the extent it provides for grant of weightage by giving additional marks to the candidates having work experience as Junior Engineer (Civil/Mechanical/ Electrical) in Bihar Government or under any undertaking/ corporation/ organization/ authority/ autonomous bodies) of Bihar Government on contract basis only and for a further direction to the Commission to grant similar weightage to the petitioner, having work experience under the Central Government or its instrumentalities.

2. Short facts, giving rise to the present writ application, is that the petitioner no. 1 is working in East Central Railway, petitioner no. 2 is working in I.I.T., Bihta, Patna and petitioner no. 3 is working as S.I./Overseer (JE) in Indo-Tibetan Border Police and had spent a long period in Bihar. The petitioner no. 1 joined the Railways as Junior Engineer in the year 2007 and is presently working in East Central Railway, the petitioner no. 2 joined LIT., Bihta, as Junior Mechanic on 29.01.2013 and promoted to the post of Junior Technical Superintendent on 20.07.2016; whereas the petitioner no. 3 is working in Indo-Tibetan Border Police as S.I./Overseer (JE) and presently posted at Halbhavi Camp, Belgaum, Karnataka.

3. The impugned advertisement was published by the Commission pursuant to the requisition made by the General Administration Department, Government of Bihar, inviting application for filling up the vacant posts of Junior Engineer (Civil/Mechanical/Electrical). The basis of selection to the posts in question was based upon allocation of marks, i.e. out of 100 marks, 75 marks has to be allocated on the basis of marks obtained in diploma courses and 25 marks has to be allocated on the basis of experience as Junior Engineer on contract basis under Government of Bihar or its instrumentalities.

4. The contention on behalf of the petitioners is that they are having Diploma in Engineering in different discipline andhaving huge experience of working in different organization of the Central Government, applied for the post and obtained more than cut off marks and were called for counselling on different dates, i.e. the petitioner nos. 1 and 2 were called for counselling on 06.11.2020 and petitioner no. 3 on 16.12.2020, pursuant to which they appeared for counselling on the respective dates.

5. On the respective dates of counselling, the petitioners were informed that hey have got working experience in the services of Central Government and its instrumentalities and, as per the terms of the impugned advertisement, they would not be entitled for 25 marks towards working experience inasmuch as the same is meant for a candidate who has worked on contract basis under the Government of Bihar and its instrumentalities only.

6. In support of their contention, the petitioners have relied upon the case of Dr. (Major) Meeta Sahai v. The State of Bihar and Others, reported in (2019) 20 SCC 17.

7. The Commission has filed a counter affidavit, stating therein that the State Government framed Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment Rules, 2015 (hereinafter referred to as the 'Cadre Rules, 2015', and likewise, issued further other rules for Mechanical and Electrical also in purported exercise of power under Article 309 of the Constitution of India. Rule 10 of Cadre Rules, 2015, prescribes as follows:

"Rule - 10. Procedure of Selection- (1) Selection to the posts of basic category of this cadre i.e. (Junior Engineer (Civil) shall be made by the Commission on the basis of percentage of marks obtained in Diploma or equivalent qualification as well as interview (viva voce). Such cand