The prescribed educational qualification of a master's degree in geology for the Assistant Geo Hydrologist position is legitimate and not open to judicial interference as it falls within the state's discretion to set recruitment qualifications.

Order on Board :

Per Ramesh Sinha, C.J.

1. The petitioners have filed the present writ petition challenging the educational qualification prescribed in schedule-III of sub-rule (ii) of rule 8 of Chhattisgarh Water Resources Engineering and Geological (Gazetted) Service Recruitment Rules, 2014 (in short ‘Rules of 2014’)and prayed the following reliefs in their writ petition:-

“I. That the Hon'ble Court may kindly be pleased to struck down and set aside the impugned "Scheduled- III to the Sub Rule (II) of the Rule 8, Educational Qualification" of the impugned Chhattisgarh Water Resources Engineering and Geological (Gazetted) Services Recruitment Rules, 2014 (Annexure P/1) for being arbitrary, illegal, ultra vires, and unconstitutional and further direct the respondent to insert M.Tech. (Soil & Water Engineering) as educational qualification.

AND

II. That the Hon'ble Court may kindly be pleased to struck down and set aside the impugned Sub-clause (iii) of the clause-2 of the advertisement dated 10.06.2020 for being arbitrary, illegal, ultra vires, and unconstitutional.

OR

III. That the Hon'ble Court may kindly be pleased to direct the respondent State to act as the recommendation of CGPSC and Agriculture, thereby considering the Master Degree M.Tech (Soil & Water Engineering) one of the educational qualification for the post of Assistant Geo-Hydrologist.

IV. Any other interim relief deemed fit and just by this Hon'ble court may also be granted in the interest of justice.”

2. The petitioners who are having their B.Tech. (Agriculture Engineering) and M.Tech. (Soil and Water Engineering) degree obtained from Indira Gandhi Krishi Vishwavidyalaya, Raipur. The respondent No.2/ Chhattisgarh Public Service Commission issued an advertisement on 07.02.2020 and published on 12.02.2020 for recruitment on 05 vacant posts of Assistant Geo Hydrologist in Water Resources Department, State of Chhattisgarh. In the advertisement, the educational qualification for the post of Assistant Geo Hydrologist was prescribed as postgraduate degree in Geology from any recognized university. The claim of the petitioners is that they have passed M.Tech. in Soil and Water Engineering and it is equivalent to postgraduate degree in Geology and thereby the prescribed qualification for the post of Assistant Geo Hydrologist is discriminating the candidates including the petitioners. Due to this essential qualification prescribed for the post of Assistant Geo Hydrologist, the petitioners despite being qualified and eligible candidates, debarred and refrained from participating the selection process of public employment, therefore, the impugned advertisement dated 12.02.2020 is illegal, ultra-vires and unconstitutional. It is also the case of the petitioners that the Indira Gandhi Krishi Vishwavidyalaya, Raipur wrote a letter on 01.05.2020 to the Water Resources Department stating therein that, the department of Soil and Water Engineering is awarding postgraduate and Ph.D. degrees, which are required degrees for the post of Assistant Geo Hydrologist and be allowed the students of Soil and Water Engineering to participate in the selection process of Assistant Geo Hydrologist, yet no action has been taken on their recommendation and thus this writ petition has been filed by the petitioners.

3. Learned counsel for the petitioners would submit that the petitioners are qualified and having their M.Tech. degree in Soil and Water Engineering from Indira Gandhi Krishi Vishwavidyalaya, Raipur. The M.Tech. degree in Soil and Water Engineering is equivalent to postgraduate degree in Geology. Prescribing the