A diploma-holder can transition to a degree-holder's quota for recruitment based on qualifications, emphasizing seniority rules under recruitment regulations.

Order

26/08/2021

Heard on the applications.

Counsel for the petitioner submits that the issue involved in this writ petition has already been considered and decided by a Co-ordinate Bench of this Court in the matter of “Vimla Devi Saini Vs. State of Rajasthan & Ors.” [S.B. Civil Writ Petition No.7330/2016] decided on 20.11.2017, which reads as under:-

“Learned counsel for the petitioner submits that controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court at Principal Seat, Jodhpur, in the case of Charu Joshi Vs. State of Rajasthan & Ors.: SBCWP No. 419/2015, decided on 22nd January, 2016, after affording an opportunity of hearing to the counsel for the Staterespondents observing thus:

“5. I have heard learned counsel for the parties and have considered the facts of the case.

6. Rule 6 (1A) of the Rules of 1967 reads as under:-

“6. Methods of Recruitment:- Recruitment to the Service after the commencement of these rules shall be made by the following methods in the (D.B. SAW/877/2019 has been filed in this matter. Please refer the same for further orders) proportion as indicated in column

3 of the schedule- (a) direct recruitment in accordance with part IV of these rules, and (b) Promotion (in accordance with Part V) of these rules):Provided- (1) that if the Appointing Authority is satisfied in consultation with the Commission, where necessary, that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by the other method in relaxation of the prescribed proportion may be made in the same manner as specified in these rules; (1A) If a Diploma Holder Junior Engineer attains the qualifications of B.E. (Civil/Mechanical/Electrical), or AMIE, he shall be entitled on his application and subject to availability of vacancy, to be appointed as direct recruitment but in that case his seniority amongst the Junior Engineers(Degree Holders) shall be determined from the date of occurrence of vacancy against which such Junior Engineer has been appointed on the post of Junior Engineer (Degree Holder) and one third of his previous experience shall be counted as experience on the post of Junior Engineer for the purpose of promotion to the next higher post.”

A reading of the aforesaid rule shows that a person who is Junior Engineer(Diploma Holder) attains the qualification of B.E. (Civil, Mechanical, Electrical or A.M.I.E.) shall be entitled, on an application, to be appointed as Junior Engineer(Degree Holder) by transfer against the quota of direct recruitment, but his case for seniority amongst the Junior Engineer(Degree Holder) shall be determined from the date of occurrence of vacancy with a further rider that 1/3rd of his previous experience shall be counted as experience on the post of Junior Engineer for the purpose of promotion to the next post.

7. This rule can be broken up into two segments, first being that if Junior Engineer (Diploma Holder) attains additional qualification, namely, B.E. (Civil, Mechanical, Electrical or A.M.I.E.), he can move an application to be appointed as Junior Engineer(Degree Holder) by way of transfer against the quota meant for direct recruitment of Degree Holders, but this would only be subject to availability of vacancy. The second limb of the rule pertains to, how the seniority is to be determined.

8. Admittedly, the petitioner was Diploma Holder in Civil (D.B. SAW/877/2019 has been filed in this matter. Please refer the same for further orders) Engineering on the date of submission of his application form, i.e. 30.6.2008. The interview was held on 23.5.2009 and appointment was offered on 17.9.2009. The additional qualification of A.M.I.E. was acquired subsequent to the date of submission of application. Rule 6(1A) clearl