JUDGMENT :

1. In these petitions, the petitioners have challenged the portion of Rajasthan Industrial Service Rules, 1960 (hereinafter referred to as the 'Rules of 1960') in so far as they relate to the criteria for filling up the post of Assistant Director. The facts are taken from D.B. Civil Writ Petition No. 4344/2021.

2. The petitioner is having qualification of 3 years diploma in Civil Engineering from a recognized institution. He was appointed as Inspector weights and measures in the industries department of the State Government under order dated 27.06.1994. He was promoted to the post of District Industries officer on 27.07.2017. Next promotion is to the post of Assistant Director. As per Rule 22(1) of the Rules of 1960, promotion would be on the basis of seniority-cum-merit from the eligible officers in the grade referred to in Column 6 to Schedule I, subject to their possessing the qualifications and experience specified in Column 7 and 8. Schedule I in relation to the post of Assistant Director provides that the post would be filled up 50 percent by way of promotion and 50 percent by way of direct recruitment.

3. The grievance of the petitioner is that for promotion, minimum educational qualification prescribed is graduation whereas for direct recruitment, even diploma is considered sufficient. Learned counsel for the petitioner submitted that this amounts to discrimination. There cannot be two different educational qualifications prescribed in Rules for direct recruitment and promotion. It is in this context that the petitioner has challenged the vires of the said Rules.

4. The respondents have appeared and filed reply. Through the reply as well as through oral submissions made by the learned counsel for the respondents, it is pointed out that direct recruitment for the post in question, as provided in Rule 20 of the Rules of 1960, is through recommendation by the State Public Service Commission. It is contended that as per Rule 4 of the Rajasthan State and Sub-ordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962 (hereinafter referred to as the 'Rules of 1962'), notwithstanding anything contained in any of the rules, a candidate in order to be eligible to participate in the combined competitive examination, must have a minimum qualification of degree in Arts, Science, Commerce or Agriculture from a recognized university or equivalent degree.

5. Having heard learned counsel for the parties and having perused the documents on record, it is true that as per the Rules of 1960, the educational qualifications prescribed for promotion and direct recruitment for the post of Assistant Director are different. For the purpose of promotion, minimum qualification of graduation is insisted, whereas for direct recruitment even diploma is recognized as an adequate qualification. Whether this would amount to hostile discrimination and is therefore violative of Articles 14 and 16 of the Constitution of India, is certainly a question. However, in the present case this, question does not require an answer. This is so for the following reasons:-

Rule 20 of the Rules of 1960 provides that the commission shall prepare a list of the candidates whom they consider suitable for appointment to the service arranged in order of merit and forward the same to the Government. Thus, the direct recruitment would be made on the recommendations of the Public Service Commission. Rule 4 of the Rules of 1962 contains procedure for direct recruitment by Combined Competitive Examinations for State as well as Sub-ordinate Services. Sub-rule (1) of Rule 4 provides that notwithstanding anything contained in any rule governing direct recruitment through the agency or Commission to the posts in State or Sub-ordinate Services mentioned respectively in Schedule I and II. Direct recruitment to such posts shall be done by Combined Competitive Examination to be conducted by the Commission in accordance with these rules. Rule 11-A pertains