Rajasthan High Court - Jodhpur
Pankaj Vaderi & Ors vs State & Ors on 11 July, 2013
Author: Govind Mathur
Bench: Govind Mathur
-1-
(1)DB Civil Writ Petition No.4431/2013
(Pankaj Vaderi & Ors. v. State of Rajasthan & Ors.)
(2)DB Civil Writ Petition No.3903/2013
(Ramniwas Bairwa & Ors. v. State of Rajasthan & Ors.)
Date of Order :: 11th July, 2013
HON'BLE MR.JUSTICE GOVIND MATHUR
HON'BLE MR.JUSTICE V.K.MATHUR
Dr. P.S.Bhati ]
Mr. Ravindra Singh] for the petitioners.
Mr. G.R.Punia, Senior Advocate and Additional Advocate
General, assisted by Mr. Jamwant Gurjar, for the
respondents.
....
These matters came up for orders on an application preferred on behalf of the petitioners to have an interim direction to the respondents to allow them to participate in the process of selection initiated in pursuant to the advertisement dated 10.6.2013 for the purpose of giving appointment to the post of Junior Engineer under Rajasthan Panchayati Raj State and Subordinate Service Rules, 1998 (hereinafter referred to as "the Rules of 1998").
With consent of learned counsel for the parties the petitions for writ are heard finally.
Briefly stated, facts of the case are that the petitioners are having qualification of degree or diploma in Engineering in the trades of Mechanical, Electrical and Electronics. They were employed on contract basis on engineering posts in the schemes floated under MGNREGA. An amendment is introduced in the Rules of 1998 vide notification dated 7.3.2013 making certain alterations in -2- the qualificational eligibility for the purpose of appointment to the post of Junior Engineer (Degree Holder) and Junior Engineer (Diploma Holder). As per the existing qualification required for consideration for appointment to the post of Junior Engineer (Degree Holder) an aspirant should have degree in civil or agriculture engineering from a university established by law in India or qualification declared equivalent thereto by the Government. The qualification of Degree in civil engineering from a recognised institution or Diploma in civil engineering recognised by the institution of engineers is required to have for consideration for appointment to the post of Junior Engineer [Diploma (Civil) Holder].
The submissions of the petitioners is that they were working with MGNREGA on engineering posts and now by the amendment in the qualificational eligibility required for the post of Junior Engineer (Degree Holder) and Junior Engineer (Diploma Holder) they have been excluded from consideration. It is stated that the process of selection initiated by the respondents to fill up the post of Junior Engineer under the Rules of 1998 is bad as the qualification prescribed under the Rules itself is discriminatory.
We do not find any merit in the argument advanced.
The petitioners may had been working in MGNREGA on engineering posts but merely on that count the qualificational eligibility prescribed for appointment as -3- Junior Engineer under the rules of 1998 cannot be held discriminatory or in contravention of Part-III of the Constitution of India. The rule framing authority looking to the nature of job prescribed qualificational eligibility pertaining to the post concerned and the petitioners utterly failed as to how that is irrelevant or the qualification possessed by them is having nexus, relevance or rational with the post for which they have not been treated eligible. The petitions for writ, thus, are having no force.
At this stage it is pointed out by Shri G.R.Punia, Additional Advocate General that the Government is actively considering for providing regular appointments to the Junior Engineers having the subjects of Mechanical or Electrical working with the schemes under MGNREGA or under the Department of Rural Development and Panchayat Raj and for the purpose necessary instructions have been issued to the competent authorities. It is pointed out that necessary preference has already been provided by the Department of Local Self Government by extending bonus marks to the persons like the petitioners. Reference of an advertisement dated 30.4.2013 issued by the Director, Local Self Government Rajasthan, Jaipur is given. It is also stated that the Additional Chief Engineer RD & PR by a note dated 1.4.2013 requested the Planning Department to examine the viability for giving preference to the contractual Mechanical, Electrical, Electronics Degree/Diploma Holders working as Junior Technical Assistants under MGNREGA in other departments of the Government of Rajasthan. A decision is also taken by the Government of Rajasthan to -4- identify posts in different departments on which Junior Engineers of the disciplines of Electrical, Electronics and Mechanical can be employed. A suggestion is also given to make requisite amendments in various service rules to enable contractual employees belonging to abovementioned engineering disciplines and currently working under MGNREGA to be considered for engagement on preferential basis.
Having considered this factual position we deem it appropriate to dispose of these petitions for writ by directing the respondents to expedite their efforts as referred in the note dated 1.4.2013 made by the Additional Chief Engineer RD & PR, Government of Rajasthan.
(V.K.MATHUR),J. (GOVIND MATHUR),J. kkm/ps