The principle of natural justice and equity, along with the importance of timely action and impleadment of necessary parties, were central to the court's decision.

JUDGMENT :

Manish Choudhury, J.

Heard Mr. I.H. Saikia, learned counsel for the petitioners and Mr. S.C. Keyal, learned Assistant Solicitor General of India, appearing for respondent Nos.1-6. Also heard Mr. S. Saikia, learned counsel appearing for respondent No.7.

2. The petitioners,63 in numbers, have approached this Court by this writ petition under Article 226 of the Constitution of India seeking the following reliefs:-

(i) To issue writ, order or direction in the nature of Certiorari and/or any other writ, order or direction of like nature setting aside and quashing the amendments made by way of the 1996 Rules by incorporating a new Para (c) in Column 11 of Serial No.8 and Para (b) in Column 11 of Serial No.2.

(ii) To issue writ, order or direction in the nature of Mandamus and/or any other writ, order or direction of like nature directing the Respondents to correct the Master Seniority List (MSL) of GREF JE (Civil) & JE (E&M) posts by removing the above described illegalities, mistakes in the interest of justice.

(iii) To issue writ, order or direction in the nature of Mandamus and/or any other writ, order or direction of like nature directing the Respondents to fix the JE (E&M) and JE (Civil) MSL seniority of the petitioners before the 02 years CME Diploma Holders who got promoted from ITI qualification posts like Vehicle Mechanic, Electrician, Turner, Welder, Machinist, Radio Mechanic/Operator and matriculation qualification posts like LDC, SKT to the promotional post of Superintendent E&M-II/B&R-II, by directly (two steps) through DPC by pushing behind/skipping the petitioners who were senior to them and were also holding 03 years Diploma in Engineering and working in the Diploma in Engineering minimum entry level posts of Charge Mechanic/Charge Electrician/Overseer w.e.f. 20-05-1996.

(iv) To issue writ, order or direction in the nature of Certiorari and/or any other writ, order or direction of like nature by setting aside and quashing the undue advantages/benefits/seniority accorded to 02 years CME Diploma Holders in the JE (Civil) & JE (E&M) without following the provisions of 1982 Rules, without any approval from DOPT (i.e. from 1986 to 19-5-1996), and without approval of MHRD and AICTE from 20-05-1996 to 31-01-2001 and declare the same illegal and declare the above said persons not eligible for JE post and remove the same from JE's Master Seniority List (MSL).

(v) To issue writ, order or direction in the nature of Mandamus and/or any other writ, order or direction of like nature to the effect that it is only after approval of MHRD dated 01- 02-2001, that the 02 years CME Diploma Holders were only eligible for promotion to Diploma in Engineering qualification minimum entry level posts of Overseer, Charge Mechanic, Charge electrician from ITI qualification post as per MHRD Notification (59) instead of Superintendent E&M-II & B&R-II post (i.e. Diploma in Engineering qualification promotional post).

(vi) To issue writ, order or direction in the nature of Mandamus and/or any other writ, order or direction of like nature directing the Respondents to follow/implement all DOPT, MHRD, OM's and guidelines and also implement the DOPT OM No.AB14017/2/97-Estt (RR) dated 25-05-1998, MHRD Gazette Notification (59) No.F.3-1/99-TS.III A(.) dated 01-02-2001 at the earliest in the interest of justice.

(vii) To issue writ, order or direction in the nature of Mandamus and/or any other writ, order or direction of like nature, inter alia, directing the Respondents to make the 1996 Rules effective w.e.f. 01-02-2001 instead of 20-05-1996 for 02 years CME diploma holders in the light of the MHRD Notification (59) dated 01-02-2001. (viii) To issue writ, order or direction in the nature of Mandamus and/or any other writ, order or direction of like nature directing the Respondents to upgrade the Directly recruited 03 Year Diploma in Engineering qualified entry level posts of Overseer, Charge Mechanic, Charge electrician and merge the same with the post o