Honble Amitava Lala, J.—Since both the aforesaid writ petitions involving similar controversy are connected with each other, therefore, the same are being decided by this common judgement having binding effect upon both the matters, taking Civil Misc. Writ Petition No. 28351 of 2009 as leading one.

2. This writ petition, being Civil Misc. Writ Petition No. 28351 of 2009, has been filed by the petitioners praying inter alia as follows:

“(i) Issue a writ order or direction in the nature of mandamus declaring the Rule 15 (2) of the Uttar Pradesh Public Works Department Group “B” Civil Engineering Service Rules, 2004, as notified on 3.1.2004 as ultra vires of Article 14 read with Article 16 of the Constitution of India.

(ii) Issue a writ order or direction in the nature of Mandamus commanding the rule making authority to provide for the criteria of written examination followed by viva-voce for the purposes of direct recruitment on the post of Assistant Engineer in Public Works Department.

(iii) Issue a writ order or direction in the nature of certiorari calling for the record and quash the advertisement published in the Employment News dated 7-13th June, 2008 being Advertisemen