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?

(i) from amongst the persons working as Junior Assistant Electrical Inspectors (i.e. degree-holders) for a period of about four years, or

(ii) from amongst the persons working as Electrical Sub-Inspectors (i.e. diploma-holders) for a period of about six years. The aforesaid statutory rules as amended by Notification dated October 20, 1977 also provide for ratio of 2:1 for degree-holders and diploma-holders. By Notification dated April 6, 1981 the aforesaid ratio was given retrospective effect with effect on and from August 26, 1975. The present petition challenges the constitutional validity of the aforesaid recruitment rules in so far as they provide for ratio of 2 : 1 in favour of the degree-holders and longer eligibility period for diploma-holders in the matter of promotion to the post of Assistant Electrical Inspector.

As per the Assistant Electrtical Inspectors Recruitment Rules contained in Government Resolution dated December 2, 1968, both the degree-holders and the diploma-holders were eligible for promotion to the post of Assistant Electrical Inspector though the degree-holders were required to have at least four years' experience and the diploma-holders were required to have at least six years' experience. In the year 1975, by Government Resolution dated August 26, 1975 the Government prescribed ratio of 2 : 1 for degree-holders and diploma-holders respectively for promotion to the post of Assistant Electrical Inspectors. Special Civil Application No. 2140 of 1975 came to be filed for challenging the aforesaid ratio. During pendency of the said petition Government issued Notification dated October 20, 1977 promulgating Assistant Electrical Inspector Recruitment (Amendment) Rules. 1977 incorporating into the statutory recruitment rules the ratio of 2 : 1 for degree-holders and diploma-holders over and above the differential eligibility criteria for promotion to the post of Assistant Electrical Inspector from amongst the degree-holders and diploma-holders. The aforesaid petition came to be decided by a Division Bench of this Court holding that the differentiation between the degree-holders and diploma-holders in the matter of eligibility criteria prescribing longer length of service for diploma-holders (six years) as compared to degree-holders (four years) and the ratio of 2 : 1 was valid but the statutory amendment rules of 1977 could not be given retrospective effect as on their plain language they were not retrospective. After the aforesaid judgment delivered by this Court on March 31, 1980, the Government issued Notification dated April 6, 1981 (Annex. F.) in exercise of the power conferred by proviso to Article 309 of the Constitution for amending the Assistant Electrical Inspector Recruitment Rules, 1968 so as to give retrospective effect to the