A valid educational qualification acquired by a government employee during service, even without prior permission from the competent authority, cannot be denied for the purpose of category change or eligibility, although the employee may still face disciplinary action for the lack of permission.

Order

By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“It is, therefore, humbly prayed that the record of the case may kindly be called for and the writ petition filed by the petitioner may kindly be allowed and;

1. That the respondent department may kindly be directed to transfer the petitioner to the vacant post of Junior Engineer (Degree Holders) in accordance with Rule 6(4) of the Rules of 1967.

2. That the respondent department may kindly be directed to grant consequential benefits as per Rule 6(4) from the date of eligibility of the petitioner.

3. That any other order, this Hon'ble Court may deem fit, may be passed in favour of the petitioner.

4. The writ petition may kindly be allowed with costs throughout.”

Learned counsel for the petitioners submitted that the petitioners are holding the post of Junior Engineer (Diploma Holder) in the respondent – Public Health and Engineering Department (PHED) since 08.12.2022. In the respondent department, the post of Junior Engineer is bifurcated as Junior Engineer (Degree Holder) and Junior Engineer (Diploma Holder). He further submitted that the petitioners, after joining the respondent department, obtained a Bachelor’s Degree in Civil Engineering from Rajasthan Technical University and Jai Narayan Vyas University, Jodhpur, on 02.04.2025 and 07.11.2024 respectively. The petitioners, after acquiring the qualification of Bachelor in Civil Engineering, requested the respondents to transfer their services or consider their services against the post of Junior Engineer (Degree Holder) in conformity with the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967. The competent authority of the respondent department, however, did not give any reply to the representations submitted by the petitioners. Hence, they have filed the present writ petition seeking direction upon the respondents to transfer their services against the vacant post of Junior Engineer (Degree Holder).

Learned counsel for the respondents submitted that though it may be true that the petitioners have acquired the qualification of Bachelor in Civil Engineering while in service, no benefit of the said degree can be extended to the petitioners. Learned counsel submitted that the Government of Rajasthan, Department of Personnel, has issued a circular dated 18.11.2006 indicating therein that no government employee can pursue his/her studies while in service without specific permission of the competent authority and, in case he/she does so, disciplinary action will be taken against the employee and the said degree or diploma will not be taken on record. Learned counsel submitted that since the petitioners have obtained a Bachelor’s Degree in Civil Engineering without approval/consent from the competent authority, they cannot claim any service benefit thereof, and the present writ petition deserves to be dismissed as being devoid of any merit.

Heard.

Having heard learned counsel for the parties at Bar and perused the material available on record, this Court finds that though the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 provide for different modes of recruitment for the post of Junior Engineer (Diploma Holder) and Junior Engineer (Degree Holder), in cases where a Junior Engineer, while in service, acquires a Bachelor’s Degree in Engineering, he can be permitted to change the category from Diploma Holder to Degree Holder.

Rule 6(1)(A) of the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 is reproduced below for ready reference:

“Methods of Recruitment: - Recruitment to the Service after the commencement of these rules shall be made by the following methods in the 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