Rajasthan High Court - Jodhpur
Narendra Diwach vs State Of Rajasthan (2025:Rj-Jd:35819) on 12 August, 2025
[2025:RJ-JD:35819]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13212/2025
Narendra Diwach S/o Suja Ram, aged about 28 Years, Dist.
Didwana, Kuchaman, Tehsil Makrana Village Kashinagar
Currently Posted at office of the AEN, PHED Sub-Division
Fagaliya, Barmer.
----Petitioner
Versus
1. State of Rajasthan, through The Secretary, Public Health
and Engineering Department, Government of Rajasthan,
Jaipur
2. The Chief Engineer (Administration), Public Health and
Engineering Department, Jal Bhawan, Civil Lines, Jaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 13214/2025
Lalit Garg S/o Fakira Ram, aged about 31 Years, Village Post
Mangata, Tehsil Dhorimanna, Dist. Barmer
----Petitioner
Versus
1. State of Rajasthan, through The Secretary, Public Health
Aand Engineering Department, Government of Rajasthan,
Jaipur
2. The Chief Engineer (Administration), Public Health and
Engineering Department, Jal Bhawan, Civil Lines, Jaipur.
----Respondents
For Petitioner(s) : Ms. Priyanka Bhootra
For Respondent(s) : Mr. Mayank Vyas for
Mr. P.S. Chundawat, AGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
12/08/2025
1. Learned counsel appearing for the petitioners submits that
the issue involved in the instant writ petition is squarely covered
[2025:RJ-JD:35819] (2 of 4) [CW-13212/2025]
by the decision of the coordinate Bench of this Court at Jaipur
Bench, Jaipur in S.B. Civil Writ Petition No.7330/2016; Vimla
Devi Saini Vs. State of Rajasthan & Ors, decided on
20.11.2017 which has been upheld by the Division Bench at Jaipur
Bench, Jaipur in D.B. Civil Special Appeal (Writ)
No.877/2019; State of Rajasthan & Ors. Vs. Vimla Devi
Saini, decided on 30.09.2019.
2. The relevant portion of the observation made by the Division
Bench at Jaipur Bench, Jaipur in D.B. Civil Special Appeal
(Writ) No.877/2019 reads as follows: -
"Having heard learned counsel for the parties and
perused the impugned judgment, we find that case of
the respondent is indeed covered by the judgment in
Charu Joshi (supra) and in a way stands on better
footings because, as has rightly been argued, that the
respondent has obtained degree and was in possession
of the same at the time when she applied for
appointment and disclosed the same whereas Charu
Joshi was only diploma holder. Even then when Charu
Joshi subsequently completed degree course, on his
application, he was allowed to change the category from
diploma holder to degree holder. This is permissible as
per the rules, as would be evident from Rule 6(1A)of the
Rules of 1967, which 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 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
[2025:RJ-JD:35819] (3 of 4) [CW-13212/2025]
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 been titled 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."
Aforesaid Rule 6(1A) provides that 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. The
Single Bench of this Court in Charu Joshi (supra) while
allowing the writ petition held asunder:
"9. In the present case, the petitioner on the
date of application was only had the
qualification of Diploma Holder, even though he
was undergoing A.M.I.E. Course and was in the
final year. If the petitioner had applied, there
was no guarantee that he would have qualified.
The only surety, in his hands, was that he was
a Diploma Holder and had a reasonable
opportunity of being appointed as Junior
Engineer (Diploma Holder).In case, he did not
qualify in the degree course, he would have
lost the opportunity under the Diploma quota
as well. Rule 6(1A) only specifies that in case a
Junior Engineer (Diploma Holder) attained
qualification, he shall be entitled to be
[2025:RJ-JD:35819] (4 of 4) [CW-13212/2025]
appointed as Junior Engineer (Degree Holder)
byway of transfer against the quota of direct
recruitment only on availability of a vacancy.
Nonconsideration of his candidatures was on
the ground that he did not apply in the
advertisement under the Degree Holder quota
and especially since he was already undergoing
the third/final year examination is not tenable
in view of the fact that the petitioner would
been titled to transfer only in case there is a
vacancy and then of course the seniority would
be reckoned as per rules."
In the present case, the respondent is possessing
degree of B.E. Even if she applied against diploma
category, the rules permit her to seek change of the
category from diploma to degree quota, of course,
subject to availability of vacancies and further subject to
a rider that her seniority amongst the Junior Engineers
(Degree Holders) shall be determined from the date of
occurrence of vacancy against which she would be
appointed on the post of Junior Engineer (Degree
Holder) and one third of her previous experience shall be
counted as experience on the post of Junior Engineer for
the purpose of promotion to the next higher post. It has
not been disputed that there is indeed vacancy available
in the quota of Degree Holders Junior Engineer.
In view of above, we do not find any infirmity in
the impugned judgments passed by the learned Single
Judge. The appeal is accordingly dismissed."
3. According, these instant writ petitions are also disposed of
in the same terms of the order in the case of Vimla Devi Saini
(supra).
4. All pending application(s) also stands disposed of.
(MUNNURI LAXMAN),J
142-Dharmendra Rakhecha/-
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