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
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 |
4. Clause 11 of the instructions/important information of the recruitment notice reads as under:-
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:-
Puneet Sharma v. Himachal Pradesh State Electricity Board Ltd. 2021 (2) SCT 323 : AIR 2021 (SC) 221
S.Gurmeet Singh v. State 2008 (1) JKJ 68
Appointment on Post of Junior Engineer (Electrical) – Minimum qualification for the post cannot be deemed to be only matriculation but rather that only such of those matriculates, or 10+2 pass studen....
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
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 d....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
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