The judgment established that the minimum educational qualification prescribed for direct recruits may not be applicable to employees being inducted from a different category, and the denial of appointment based on such qualification can be deemed arbitrary and violative of Constitutional mandate.

JUDGMENT

Vivek Singh Thakur, J. - Petitioners have approached this Court for their induction on completion of 12 years of service as Water Guards (Jal Rakshaks) with three years experience of working with Pump Motors and Electrical accessories against the post of Pump Attendants on contractual basis, like other Water Guards, after striking down condition of educational qualification imposed by respondents for their such induction in erstwhile Department of Irrigation and Public Health now Jal Shakti Vibhag (JSV).

2. Undisputed facts in present case are that petitioners have been permitted to be appointed by concerned Gram Panchayats in the process of transfer of Rural Drinking Water Supply Scheme (RWSSs) after complying due process for operation and maintenance of water supply schemes below the storage tanks. Appointment of petitioners was made on the basis of recommendations of Selection Committee constituted by the Government after adopting a selection process based on interview and other parameters as per guidelines of transfer of operation and maintenance of Rural Water Supply Scheme to Panchyati Raj Institutions (PRIs). Vide notification/communication dated 17th July, 2019, (Annexure R-1) respondents-State has framed a policy to deploy and appoint Water Guards appointed under Assured Rural Water Supply Scheme (ARWSP) now National Rural Drinking Programme (NRDWP) against vacant posts of Pump Attendants in accordance with provisions contained in Recruitment and Promotion Rules (R&P Rules) of Pump Attendants, purely on contract basis in erstwhile Irrigation and Public Health Department now Jal Shakti Vibhag.

3. During pendency of present Writ Petition, a communication dated 19.6.2020 was sent by Engineer-in-Chief JSV to Secretary JSV to the Government of Himachal Pradesh, stating therein that 1376 posts of various categories had been converted into posts of Pump Attendants and 945 Jal Rakshaks (Water Guards), fulfilling criteria of Recruitment and Promotion Rules with 12 years complete service, had been appointed as Pump Attendants Class-IV on contract basis, whereas 431 posts were lying vacant and further that 463 Jal Rakshaks, who had completed 12 years service as on 31.12.2018, but not fulfilling the educational qualification criteria prescribed in Recruitment and Promotion Rules, could not be appointed in the category of Pump Attendants Class-IV and, therefore, in this communication, necessary direction/approval of the Government for one time relaxation in Recruitment and Promotion Rules to appoint/induct aforesaid Jal Rakshaks as Pump Attendants on contract basis, was sought.

4. For the aforesaid communication dated 19.6.2020, vide order dated 31.3.2020, Secretary JSV to the Government of Himachal Pradesh was directed to impart instructions with regard to stand of the Government regarding aforesaid recommendation/request made by department for relaxation in Recruitment and Promotion Rules. In response thereto learned Deputy Advocate General has placed on record instructions dated 2.6.2021 received from the office of Secretary (JSV), stating therein that matter has been examined in consultation with Personnel/Finance Departments and both Departments have expressed inability to concur with the proposal of the Administrative Department and, therefore, Government has decided to reject the said proposal and has rejected the same.

5. Learned counsel for the petitioners has submitted that petitioners and other similarly situated persons are serving as Water Guards since more than 12 years and are having sufficient experience of working with Pump Motor and Electrical accessories and, therefore, for their conversion to the establishment of JSV as contract Pump Attendant, minimum educational qualification prescribed in Recruitment and Promotion Rules is not applicable to them. According to him, educational qualification is to be taken into consideration at the time of initial appointment, but not on conversion of service of employees