( 1 ) THE petitioners have approached this Court with a prayer that rule 3 (b) (ii) of the Surveyor (Town Planning and Valuation Department) recruitment Rules, 1975 (hereinafter referred to as the Surveyors Rules) and Rule 3 (b) (iii) of the Planning Assistant (Town Planning and Valuation Department) recruitment Rules, 1975 (hereinafter referred to as the Planning Assistants Rules) be struck down and selection for the post of surveyors made on 15-12-1981 and 3- 3-1982, in pursuance of the Surveyors Rules referred to hereinabove, be quashed and set aside. For the sake of convenience, the above-referred Rules have been reproduced below : rule 3 (b) (ii) of the Surveyors Rules :"a Bachelors Degree in Arts, in Geography, Sociology, Economics or Statistics, or a Bachelors Degree in Law of a recognised University or an institution or a qualification equivalent thereto recognised by the Government. "rule 3 (b) (iii) of the Planning Assistants Rules :"masters Degree in Arts, in Geography, Sociology, Economics, or Statistics or masters Degree in Law of a recognised University or an institution or a qualification equivalent thereto recognised by the Government with two years practical experience in town planning, joined after obtaining the qualification specified in this sub-clause. "

( 2 ) LEARNED Advocate Mrs. K. A. Mehta appearing for the petitioners has submitted the facts which are as under :

( 3 ) RESPONDENT No. 1 Government wanted to fill up certain posts in the cadre of Surveyors and therefore, without issuance of any public advertisement or without inviting any applications from any source, respondent No. 2 appointed respondent nos. 3 to 8 as Surveyors in Town Planning Department which is under Panchayat housing and Urban Development Department of the State of Gujarat. It has been submitted by Mrs. Mehta that Rule 3 (b) (ii) of the Surveyors Rules provides for qualifications for the post and the qualifications prescribed therein have nothing to do with the nature of work to be done by the surveyors and therefore, the said Rule should be struck down.

( 4 ) LEARNED Advocate Mrs. Mehta has submitted that as per Rule 3 (b) (ii) of the rules, a candidate having a Bachelors Degree in Arts, in Geography, Sociology, economics or Statistics or a Bachelors Degree in Law of a recognised University or an institution or qualification equivalent thereto recognised by the Government can be appointed as a surveyor provided other conditions mentioned in the Surveyors rules are fulfilled. It has also been submitted that the surveyors are concerned with measurement, valuation and survey of land and preparation of plans etc. Thus, the work to be done by the surveyors is technical in nature. At times they have to appear as witnesses as experts on the technical subject before the Court. For the purposes referred to hereinabove lands and/or superstructures are to be inspected, measured or valued. Nature of construction, material used in the construction and other relevant factors are to be considered by them and ultimately value of the land and the building is to be ascertained. They have also to prepare plans and therefore, they should have sufficient knowledge in the field of engineering or architecture. It has been, therefore, submitted that qualification with regard to graduation in Arts with Geography, sociology, Economics or Statistics as subjects or Law has nothing to do with the nature of work which is to be done by the surveyors. It has been submitted that as per provision of Rule 3 (b) (i) of the Surveyors Rules, a candidate should possess "a diploma in architecture or in civil engineering of recognised University or institution or its equivalent qualification recognised by the Government" and the said qualifications are the really useful and necessary qualifications which a candidate must possess for the purpose of performing duties which a surveyor is required to perform. According to the petitioners, relevant qualification wh