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2023 Supreme(P&H) 2411

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Rajbir Singh & Ors. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CWP-26338 of 2016 (O&M) AND OTHER CONNECTED CASES
Decided On : 16-05-2023

Advocates Appeared:
Mr. Akshay Bhan, Senior Advocate with Mr. Avikaran Bansal,Advocate; For the Petitioners in CWP-26338 of 2016.
Mr. Aminder Singh, Advocate; For the Petitioner in CWP-26338 of 2016.
Mr. Damanjit Singh Sandhu, Advocate; For the Petitioner in CWP-7997 of 2017.
Ms. Sushma Sharma, Advocate for Mr. Vijay Chaudhary, Advocate; For the Petitioner in CWP-8684 of 2017.
Mr. Amandeep Singh Rai, Advocate for petitioner no.1 in CWP-23709 of 2017.
Mr. Abhiraj Singh Baweja, Advocate for Mr. Harpal Singh Sirohi, Advocate; For the Petitioner in CWP-27207 of 2016.
Mr. Manish K Singla, Advocate; For the Petitioners in CWP-27471 of 2016.
Mr. Jaswinder Singh Rana, Advocate for Mr. Deepak Arora, Advocate; For the Petitioner in CWP-174 of 2017.
Mr. Saurabh Singla, Advocate for Mr. Pardeep Bajaj, Advocate; For the Petitioner in CWP-26017, 27473, 27481 and 27336 of 2016.
Mr. Lalit Goyal, Advocate; For the Petitioner in CWP-23709 of 2017.
Mr. D.S.Patwalia, Senior Advocate with Mr. Gaurav Rana, Advocate; For the Appellant-private respondents.
Mr. R.K.Kapoor, Addl.A.G., Punjab.
Ms. Anamika, Advocate for Respondent no.3.
Mr. J.S.Dhaliwal, Advocate and Mr. H.S.Mann, Advocate for Respondent no.4 in CWP-23709 of 2017.
Mr. Vikas Cuccria, Advocate, for Respondent nos. 82 and 83.
Ms. Lovepreet Handa, Advocate, for Mr. D.P.S.Randhawa, Advocate for Respondent no. 84.
Mr. Deepak Gupta, Advocate, for Respondent nos. 85 and 86 in CWP-

Headnote:(A) Constitution of India - Article 309 - Recruitment Rules for Junior Engineers - Candidates with degrees in Engineering seeking eligibility despite not holding the specified diploma, were declared eligible following amendments to the recruitment rules and judicial precedent supporting candidates with higher qualifications. The Court emphasized the intent of the authorities in amending rules for inclusivity while maintaining that degree holders possess adequate merit for the posts. (Paras 1-26)

(B) Eligibility Criteria - Interpretation of educational qualifications for recruitment must prioritize the state's rationale and the meanings of 'should' versus 'must' in legal documents. The petitioners were granted eligibility based on a clear government policy to include higher qualifications in the recruitment process. (Paras 11-21)

Facts of the case:
The petitioners, degree holders in various Engineering fields, were rejected based on a recruitment notice stipulating a diploma-only requirement for Junior Engineer positions but contested their ineligibility citing higher qualifications and precedent case law.

Findings of Court:
Petitioners' merit was affirmed as they were qualified under both the recruitment notice and subsequently amended rules, resulting in their recognition as eligible candidates.

Issues: The legal question centered around whether candidates with higher educational qualifications could validly compete for positions requiring lower qualifications.

Ratio Decidendi: The Court ruled that a reasonable interpretation of recruitment policies must allow degree holders to participate, especially in light of recent amendments and retained merit in examinations.

Result: Writ petitions allowed; candidates declared eligible for the Junior Engineer positions.

JUDGMENT

Anil Kshetarpal, J.

A batch of 18 connected writ petitions (details whereof are given at the foot of the judgment) has come up for final disposal. The learned counsel representing the parties have conceded that the issue is common in all the writ petitions and therefore, the Court can conveniently dispose of these writ petitions by a common judgment.

2. Once again, the issue of the candidates possessing higher qualifications than those specified in the recruitment notice is before the Court. The relevant facts, in brief, are required to be noticed in order to grasp the core issues involved in the case, which require adjudication.

3. The Department of Irrigation, Punjab, issued a recruitment notice inviting applications for recruiting 296 posts of the Junior Engineer (Civil) available in the Department. In the recruitment notice under the clause of educational qualifications, it was provided as under:-

"Name of Post

Eligibility

Junior Engineer (Civil)

Should possess three years Diploma of Junior Engineer in Civil Engineering from a State Technical Education Board or from a recognized University or Institution

Junior Engineer (Mechanical)

Should possess three years Diploma of Junior Engineer in Mechanical Engineering from a State Technical Education Board or from a recognized University or Institution

Junior Engineer (Electrical)

Should possess three years Diploma of Junior Engineer in Electrical Engineering from a State Technical Education Board or from a recognized University or Institution

    Note- Candidate himself will be responsible for his eligibility in accordance with the minimum qualifications provided above."

4. Clause 11 of the instructions/important information of the recruitment notice reads as under:-

    "11. No extra weightage shall be admissible to the Applicants possessing higher qualification or experience."

5. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Punjab has notified the Punjab Public Works Department (Irrigation Branch) (Junior Engineer Group B) Service Rules, 2011 (hereinafter for short 'the 2011 Rules'). For the direct recruitment, the column (vi) of the Appendix B prescribes the qualification for direct appointment, which reads as under:-

Sr. No.

Designation of the post

Percentage for appointment by

Method of appointment, qualification and experience for appointment by

Promotion

Direct appointment

Promotion

Direct appointment

1

2

3

4

5

6

1.

Junior Engineer

Fifteen per cent

Eighty Five percent

Fifteen per cent posts by promotion shall be filled up as follows( a) ten per cent from amongst the Junior Draftsman, Surveyors, Work Mistry, Earth Work Mistry and Technical Supervisor working under the control of Chief Engineer, who have an experience of working as such for a minimum period of five years on regular basis and who have obtained diploma in Civil or Mechanical or Electrical Engineering from a State Technical Education Board or from a recognized university or institution; and

Should possess three years Diploma of Junior Engineer in Civil Engineering or Mechanical Engineering or Electrical Engineering from a State Technical Education Board or from a recognized university or institution.

6. The petitioners herein are degree holders in the various streams of Engineering, however, they do not possess diploma in Civil, Mechanical or Electrical Engineering. Under the heading 'Mode of Selection', the recruitment notice reads as under:-

    "Mode of Selection

    a) Written test will contain 100 multiple choice questions of one mark each. The paper will be of 120 minutes duration.

    b) Minimum qualifying marks will be 25% of total marks of examination. There will be negative marking (1/4th marks shall be deducted for every wrong answer). Selection will be purely based on merit in the entrance exam subject to

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