The court ruled that administrative rules barring diploma holders from promotion based on educational qualifications, when unfairly applied against similarly situated individuals, violates Articles 14 and 16 of the Constitution.

JUDGMENT :

DEEPAK ROSHAN, J.

1. The instant writ application has been preferred by the petitioner for the following reliefs:

(a) To Declare and hold that the proviso to Rule 12(III) of Bihar (now Jharkhand) State Electricity Board, Electrical Engineers (General) Cadre Rules 1976 as adopted by Respondent No.3 is Ultra Vires to Article 14 and 16 of the Constitution of India, besides hit by Doctrine of Class within Class and thereby hostile discrimination, accordingly to quash the same.

(b) Consequently, to quash the Letter No. 1107 dated 18.07.2017 (Annexure-10) issued under the signature of Deputy General Manager (Human Resources), Respondent No. 6, Jharkhand Bijli Vitran Nigam Limited, whereby and whereunder the representation made by the petitioners for promotion to the Cadre of Superintending Engineer and so on w.e.f. the date, his juniors has been granted promotion from common cadre of Executive Engineer, has been rejected making reference to aforesaid Impugned Rule, which is equally arbitrary, irrational, unconstitutional being violative of Article 14 and 16 of the Constitution of India;

(c) Accordingly, for direction upon the respondents to grant promotion/notional promotion to the petitioners to the Cadre of Superintending Engineer and so on, w.e.f. the date his juniors have been granted from the common cadre of Executive Engineer and to accordingly pay the entire service benefits including differential arrears of salary and/ or corresponding post retrial benefits.

2. After filing of this writ application, the petitioners filed I.A. No. 7152/2025 which was allowed vide order dated 16.06.2026. This I.A. was filed praying for deletion of prayer for declaration of the impugned Rule as Ultra Vires and amendment by way of addition of the following relief:

A. For direction upon the respondent JBVNL and its subsidiaries to act in accordance with the policy of the State Govt. (being wholly owned State Govt. Company in the matter of grant of promotion from the post of Executive Engineer to the post of Superintending Engineer (Now Deputy General Manager Technical) and implement the policy/Rules of the State Govt. in this regard without discrimination and not to press for the condition of “Degree Holder” in view of the Rule 8 (i)(c) of the Bihar State Electrical Engineers’ (General) Cadre Rules, 1976 as adopted and amended upto date by the Respondent No. 3 and its subsidiaries and in the light of the fact that all the Rules/Notification/Policies applicable on the State Govt. employees have been adopted/made applicable by the concerned Respondents governing the service condition of the Petitioners and similarly situated persons viz. pay scale, service duration for promotion, reservation, disciplinary actions etc.

B. For a declaration that the action of the concerned respondents sitting tight over the matter for years together in spite of the several communication made by the State Govt. and the other authorities amounts to misfeasance in the office for which the Petitioners cannot be allowed to suffer and subjected to hostile discrimination as compared to their contemporaries in the service of the State Govt. who although not holding any Degree in engineering or its equivalent have been granted promotion to the post of Superintending Engineer in one or another department of the State Govt. including the department of Energy, Govt. of Jharkhand which is the administrative Department of the respondent no. 3.

Facts of the case

3. In support of the relief prayed by the Petitioners, Ld. Counsel for the Petitioners submits that from bare perusal of Annexure-3 of the writ petition, it is evident that the erstwhile State of Bihar framed “Bihar Engineers Service Class-1 Rules, 1939” and there was no embargo with respect to the Degree or Diploma Holder Engineers for promotion from the post of Executive Engineer to the post of Superintending Engineer and above. Aforesaid extract of the Rule is enclosed as Annexure 2 to the writ petition which reads as u