The court upheld the exclusion of degree holders from recruitment rules for Additional Assistant Engineer positions, emphasizing the need for classifications in public policy to protect employment opportunities for diploma holders under Article 14.

JUDGMENT :

NIKHIL S. KARIEL, J.

1. Heard learned Senior Advocate Mr.Gautam Joshi with learned Advocate Mr.Munjal Bhatt, learned Advocate Ms.Khushi Mehta and learned Advocate Mr.Mehul Sharma appearing on behalf of the petitioner and learned Assistant Government Pleader Mr.Aditya Pathak appearing on behalf of respondent – State.

2. At the outset, it requires to be stated that the petitioners who are possessing bachelors degree in Civil Engineering (B.E. - B.Tech. in Civil Engineering) (hereinafter referred to as the ‘degree holders’) have sought to assail a notification by the respondent no.1 department dated 22.10.2024 more particularly insofar as the notification amends the recruitment rules for the post of Additional Assistant Engineer (Civil), Class-III Recruitment Rules, 2024 to the extent of excluding persons having bachelors degree in Civil Engineering from applying.

3. A civil application has been preferred by the applicants who are holding diploma certificate in Civil Engineering (hereinafter referred to as the ‘diploma holders’) i.e. the exclusive qualification for applying to the post in question, for being joined as parties. Since the main petition had been taken up for final hearing, the civil application was placed along with the main matter and the learned Advocate for the applicants were permitted to make submissions opposing the petition.

3.1. Since it appears that the applicants of the civil application would be prejudiced if the prayers made in the writ petition are granted, more particularly, since an exclusion in favour of the diploma holders in Civil Engineering i.e. the applicants of the civil application and such similarly situated persons is under challenge and any order setting aside the exclusion would prejudice the interest of the applicants, therefore, the application deserves consideration more particularly since the applicants are proper and necessary parties and therefore, the civil application is treated as allowed.

4. Issue Rule returnable forthwith. Learned Advocates waive service of rule on respective respondents.

5. As noticed hereinabove, with the consent of parties, the petition is taken up for final hearing.

6. The petitioners have sought for the following prayers:-

“(a) Issue a writ of mandamus or any other writ, order or direction, quashing and setting aside the Notification No. G/NJ/2024-688/NWRWSKD/MRT/e- file/13/2023/10401/Section E5 dated 22.10.2024 issued by Respondent No.1 (Annexure-A);

(b) Issue a writ of mandamus or any other writ, order or direction, holding and declaring that the Petitioners being holders of Bachelor’s Degree in Civil Engineering are eligible to participate in the Advertisement No. 303/2025-26 dated 06.05.2025;

(c) Pending admission, hearing and final disposal of the present petition, this Hon’ble Court may be pleased to direct Respondent No.2 to permit the Petitioners to submit online/offline applications in pursuance of the Advertisement No. 303/2025-26 dated 06.05.2025 and to consider the same for further recruitment process;

(d) Issue ad-interim ex-parte relief in terms of Para (c) hereinabove;

(e) Grant such other and further relief(s) as this Hon’ble Court deems fit in the facts and circumstances of the case.”

7. As noticed hereinabove, the petitioners challenge amendment of the Additional Assistant Engineer (Civil), Class- III Recruitment Rules, 2024 more particularly whereby a proviso has been introduced in the recruitment rules which excludes candidates holding bachelors degree in Civil Engineering as being ineligible to apply for the post in question. It appears that originally, the respondent no.1 department had, vide notification dated 02.09.2015 notified recruitment rules for the post of Additional Assistant Engineer (Civil), Class-III in the subordinate service of the Narmada, Water Resources, Water Supply & Kalpsar Department. The relevant qualification was a diploma in engineering (civil) obtained from a recognized institution etc. It appears that thereafter,