M.S. SHAH, J.

1. THIS petition under Article 226 of the Constitution is filed by three Electrical Sub-inspectors, who are diploma-holders, and their Association for challenging the statutory recruitment rules for the post of Assistant Electrical Inspector in so far as the said rules make a distinction between the degree-holders and the diploma-holders in the matter of promotion to the cadre of Assistant Electrical Inspectors.

2. THE petitioners are working in the Electrical Inspectorate under the Industries, Mines and Power Department of the State of Gujarat. They possess the qualification of diploma in electrical engineering and were recruited on the posts of Supervisor, which posts were redesignated as Electrical Sub-Inspectors, on 30.11.1966, 20.4.1967 and 3.10.1968 respectively. Recruitment to the higher post of Assistant Electrical Inspector is governed by the Assistant Electrical Inspector Recruitment Rules, 1968 (hereinafter referred to as "the Rules") as amended by the Government Notifications dated October 20, 1977 and April 6, 1981. Promotion to the post of Assistant Electrical Inspector is to be made by promotion of persons of proved merit and efficiency?

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