The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective departmental functioning.

JUDGMENT :

Ashutosh Kumar, CJ.

We have heard Ms. D.T. Azyu, learned Advocate for the petitioners; Mr. B. Deb, learned Advocate General, Mizoram, assisted by Ms. Vanneihsiami, learned Government Advocate, Mizoram for respondent Nos.1 to 5 and Mr. J.C. Lalnunsanga, learned Standing Counsel, Mizoram Public Service Commission for respondent No.6.

2. The petitioners have challenged the Mizoram Public Works Department (Group-B Posts) Recruitment Rules, 2022 (hereinafter to be referred as the “Rules of 2022”), wherein for filling up the posts of Junior Engineer (Civil), the educational qualification has been fixed at HSLC with 3(three) years Diploma in Civil Engineering from a Government recognized Institute. The challenge has been laid by the petitioners, who are graduates in Civil Engineering having secured their respective degrees from a recognized University/ Institution.

3. The reason for the challenge is that pursuant to the Rules of 2022, which supersedes the earlier Rules of 2017, namely, Mizoram Public Works Department (Group-B Posts) Recruitment Rules, 2017, an advertisement was floated by the Mizoram Public Service Commission (MPSC) for filling up of 10(ten) posts of Junior Engineer (Civil) on contractual basis. Earlier, under the Rules of 2017, the minimum qualification required for direct recruitment to the said post was HSLC with at least 3(three) years Diploma in Civil Engineering from a Government recognized Institution.

(Emphasis provided)

4. With the change in the Rules regarding the minimum qualification, namely, Diploma, the graduate degree holders have been completely excluded from consideration.

The grounds on which the Rules have been challenged are that a Graduate Degree is a higher Degree and, therefore, a person having a higher Degree than Diploma ought not to be completely excluded for the purposes of appointment, as it violates Articles 14 & 16 of the Constitution of India.

The other ground of challenge is that a Graduation Degree in Civil Engineering has to be considered a higher in-line/in-channel degree which again cannot be completely ignored for the purposes of appointment.

5. An ancillary argument has been made that with the Rules of 2022 enforced strictly, the writ petitioners/graduates in Civil Engineering would lose all chances of employment, which is neither appropriate nor desirable. It was also submitted by Ms. Azyu, learned counsel for the petitioners that with the Rules of 2022, the entire service cadre would be filled up by Diploma holders only.

Lastly, it has been submitted that excluding higher Degree for the purposes of appointment does not muster the constitutional challenge of a reasonable classification and a nexus with the object sought to be achieved.

6. Countering the afore-noted arguments, Mr. B. Deb, learned Advocate General, Mizoram, while referring to the affidavit filed on behalf of the State of Mizoram, has submitted that there is no gainsaying that a Degree holder in Civil Engineering possesses an advanced qualification compared to the Diploma holders but there is a specific reason for the Government to enact the Rules excluding the Degree holders from being appointed on the post of Junior Engineer (Civil) on contractual basis. The degree holders more often than not seek and get opportunities for higher positions leading to constantly vacant positions arising in the Department. This trend had hitherto posed a serious