JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. By way of these petitions, common challenge is made to the vires of Rule 2(A)(a)(ii) as well as Rule 2(A)(a)(iii) of the Narmada Water Resources, Water Supply and Kalpasar Department Recruitment Rules, 2016, which has been published through the notification dated 8.6.2016. There is a further challenge to the legality and validity of promotion to the post of Deputy Executive Engineer (Civil) Class-II in the Gujarat Engineering Services under the Roads & Building Department Recruitment Rules, 2017, being Rule 2(a)(i) and 2(a)(ii), published by the notification dated 14.7.2017, being discriminatory and violative of Articles 14 and 16 of the Constitution of India, by treating the ‘unequals’ as ‘equals’ for the promotion to the post of Deputy Executive Engineer.

2. The case of the petitioners is that the Assistant Engineers who are having Bachelor of Engineering (Civil) degree and who have been selected after following the due procedure by the Gujarat Public Service Commission (GPSC) and who have no pecuniary limit for carrying out any civil work, are being considered for promotion along with the Additional Assistant Engineers who are Diploma Engineers