( 1 ) THIS judgment will dispose of all the four writ petitions above mentioned which have been heard together and in which same question as to constitutional validity of the relevant service rules is involved.

( 2 ) WRIT Petition No. 17949 of 1998, Atibal Singh v. Chief Secretary, U. P. and Ors. and Writ petition No. 19844 of 2000. Sansvir Singh and three Ors. v. State of U. P. and Ors. , have been instituted for quashing and declaring notifications dated 4. 8. 1997 and 25. 9. 1997 as ultra vires of articles 14 and 16 of the Constitution. Issuance of a writ in the nature of certiorari quashing the order dated 18. 11. 1999 issued by the respondent No. 2 thereby declaring vacancies in the posts of Assistant Engineer (Civil) to be filled by promotion of diploma holder Junior Engineers and degree holder Junior Engineers in given numbers has been prayed for in Writ Petition No. 19844 of 2000 filed by Sansvir Singh and three others who are all degree holder Junior Engineers and so is Atlbai Singh, the sole petitioner of Writ Petition No. 17949 of 1998. Writ Petition No. 8946 of 1998 has been instituted for issuing a writ in the nature of certiorari quashing the notification dated 25. 9. 1997 and a writ of mandamus commanding the respondents to revert the proposed increase of quota in promotion of diploma holders vide impugned Government Notification dated 24. 12. 1997. The sole petitioner Jang Bahadur Singh, a Junior Engineer, according to the averments made in para 17 of the writ petition appeared in degree examination and has perhaps obtained the degree during the pendency of the writ petition.

( 3 ) IN Civil Misc. Writ Petition No. 42762 of 2000, Aruvendra Kumar Garg and Ors. v. State of u. P. and Ors. , has been instituted by diploma holders praying for issuance of writ of mandamus directing the respondents to consider the diploma holders/petitioners for promotion to the post of assistant Engineer in accordance with the Uttar Pradesh Service of Engineers (Buildings and roads Branch) (Class II) Rules. 1936, as amended up to date within a specified period.

( 4 ) RECRUITMENT to the service known as the united Provinces Service of Engineers Class II (Buildings and Roads Branch) and conditions of service are regulated by the provisions contained in the united Provinces Service of Engineers (Buildings and Roads Branch) (Class II)Rules, 1936. The words "united Provinces have since been substituted by words uttar Pradesh. Validity of the U. P. Service "of Engineers (Building and Road Branch) Class II (Amendment)Rules, 1987, made vide notification dated 4. 8. 1987 and that of the U. P. Service of Engineers (Building and Road Branch) Class II (IVth Amendment) Rules, 1997, made vide notification dated September 25, 1997, are under challenge at the behest of degree holder Junior Engineers in three out of four writ petitions aforestated. Rule 3 (b) of the rules defines member of the Service as a Government servant appointment in substantive capacity under the provisions of these rules or of rules in force prior to introduction of the rules to a post in the cadre of the service. Appointment to the service is made both by direct recruitment and promotion in a given ratio. Class (c) of Rule 3 as it stood originally defined direct recruitment or direct appointment as recruitment or appointment in the manner prescribed in Sub-rules (i), (ii) and (iii) of Rule 5 of the Rules. Number to be recruited from each source was to be decided under Rule 6 of the rules. Promotion under the rules is contemplated from amongst the members of the feeder cadre which consists of Junior Engineers. The qualifications for appointment to the cadre are laid in Rule 9 of the rules.

( 5 ) RULES 5, 6 and 9 of the rules as they stood prior to 1969 read as under :

"5. Sources of Recruitment.--Recruitment to the service shall be made by the Government : (i) By direct appointment from amongst engineer students who have passed out of the Thomson civil Engineeri