JUDGMENT : J.B. Mehta, J. The petitioners who were the three Electrical Sub-inspectors holding B E (Electrical) degree of Gujarat University have come in this appeal because the learned Single Judge summarily dismissed this petition relying on the affidavit of the respondents and so promotion of respondents Nos. 4 and 5 and direct selection of respondent No. 6 for the post of Assistant Electrical Inspector had been maintained. The petitioners' case was that respondent Nos. 4 to 6 were only diploma holders. The diploma having been granted by the Board of Technical Education, Gujarat State and such diploma in Electrical Engineering having not been duly equated either under the relevant rule 4 of the Indian Electricity Rules, 1956, or the Inspectors Recruitment Rules framed under Article 309 of the Constitution, dated December 2, 1968, the respondents could not be promoted or appointed to this higher post. The Government had in the affidavit painted out that the relevant rule laying down qualifications of officers appointed as Assistant Inspectors had to be read along with this recruitment rule which had been finally modified in 1968. Rule 3 (b) of the said recruitment rules provides that a person must possess a degree or diploma in Electrical or Mechanical Engineering of a recognised University or an-equivalent or higher qualification recognised by the Government. The plea of the Government was that under the said rule 3(b) of 1968 rules, the Government had power to recognise or declare equivalence of qualifications. A list of institution and colleges which had been declared as per Annexure C was not exhaustive and, therefore, the Government's power was not fettered to recognise or declare further equivalence. In fact, by the0 resolution at Annexure H, dated December 19, 1961, in the matter of recognition of a degree or diploma certificates for the purpose of recruitment, Government had decided in consultation with the Public Service Commission that In case of degree or diploma awarded by the Universities in India incorporated by the Acts of Central or State Legislatures, no formal orders recognising such degree/diplomas were required for the purpose of employment under the State Government because they stood automatically recognised.
In para 2, the material portion is as under: - "Similarly, no orders are required for the formal recognition of any certificate or diploma awarded by Boards of Secondary and Intermediate Education duly set up and recognised by the Central Government or the State Government concerned" Therefore, this diploma granted by the Board of Secondary and Intermediate Education did not require formal recognition because it had been set up and recognised by the Central Government or the State Government Therefore, these diplomas in question were accepted as equivalent qualifications not only for Class II but also Class I posts in many services aid as a matter of fact this practice was in vague since a number of years. In reply the petitioners averred that they did not know of any such practice and such practice was contrary to the letter and spirit if the relevant rules. 2. The material controversy has to be resolved from the perspective that these are the qualifications of Inspector who is to implement the provisions of the relevant Indian Electricity statutes The relevant rule 4 which has been enacted under section 37 of the Indian Electricity Act, 1910, by the Central Electricity Board lays down qualifications of Inspectors as under :- "4. No person shall be appointed to be an Inspector unless- (a) he possesses a degree or diploma in electrical engineering from a recognised University or college or qualifications equivalent to such degree or diploma; and (b) he has been regularly engaged for a period of at least eight years in the practice of electrical engineering of which not less than two years have been spent in an electrical or mechanical engineering workshop or in generation, transmission or distribution of electricity, or in the administration of the Act and the Rules made thereunder, in a position of responsibility. 4 B. No person shall be appointed as an officer to assist an Inspector unless- (a) he possessed a degree or diploma in electrical engineering from a recognised University or College or qualification equivalent to such degree or diploma, and (b) he has been regularly engaged for a period of at least three years, in the practice of electrical engineering, of which not less than one year has been spent in an electrical engineering workshop ..... ................... ............. In a position of responsibility".
................... ............. In a position of responsibility". So the relevant rules 4 and 4-B lay down qualifications of Inspector and contemplate a particular kind of academic standard and further practical experience as mentioned therein. As far as the academic qualification is concerned, the qualification has to be a degree or diploma in electrical engineering from a recognised university or college or qualification which is equivalent to such degree or diploma That is why when the relevant recruitment rules have been laid down at Annex. A by the Government resolution dated December 2, 1968, in supersession of the earlier rules under Article 309 of the Constitution, called the Assistant Electrical Inspector Recruitment Rules, 1968, Rule 2 provides that appointment to the post of Assistant electrical inspector in Gujarat State Engineering Service, Class II, shall be made either ;- "(a) by promotion of a person of proved merit and efficiency working as electrical sub-Inspectors in Gujarat State Engineering Service Class III who possess the qualifications specified in rule 3 (b) below and who have put in at least 4 years service as Electrical Sub-Inspectors in case of graduates and 6 years to case of diploma holders and have passed Departmental examination prescribed from time; or (b) by direct selection. Rule 3 provides that to be eligible for appointment by direct selection to the post mentioned in rule 2, a candidate must :- (a) be not more than 32 years of age; (b) possess a degree or diploma in Electrical or in Electrical and Mechanical Engineering of a recognised University or an equivalent or higher qualification recognised by the Government...... In clause (c) the period of practical experience for a graduate is of 4 years and for a diploma holder 6 years minimum in electrical engineering. Therefore, if these rules are read as an integrated scheme it is obvious that the Government has to determine this equivalence. In the relevant recruitment rules, 1968, for the purpose of appointment to this post of Assistant Electrical Inspector in class II Engineering Service-both direct recruitment and promotion channel had been provided.
Therefore, if these rules are read as an integrated scheme it is obvious that the Government has to determine this equivalence. In the relevant recruitment rules, 1968, for the purpose of appointment to this post of Assistant Electrical Inspector in class II Engineering Service-both direct recruitment and promotion channel had been provided. In promotion channel person from class III service viz Electrical sub-inspectors who possess these requisite qualifications which had been laid down for direct recruits in rule 3(b) are eligible, provided they have worked as Electrical Sub-Inspectors for at least 4 years in case of graduates and 6 years in case of diploma holders Therefore, rule 3(b) could not be interpreted in isolation but in the light of hierarchal scheme of recruitment. Even Mr. Shah does not dispute the fact that in the list of academic qualifications of engineering, diplomas and their equivalence, which had been recognised for recruitment to the subordinate service of engineers, in the Hand-Book of General Circulars relied upon by him, at entry 19 about the Department of Technical Education Bombay, its diplomas in electrical engineering were in terms recognised as equivalent qualifications, when this recognition order was issued in Greater Bombay. That is how, respondent Nos. 4 and 5 could be appointed to these lower posts. It is not that every time when further promotion is there that a fresh equivalence would have to be given if this hierarchal scheme is to be worked out. In fact, the Government had rightly pointed out that the Department of Technical Education has been set up by the Government and so, as per the resolution at Annex. H the recognition of these diplomas for the purpose of recruitment to the State Government posts had been clearly done. So far as the Universities degrees were concerned. Para 1 had clarified that position that no formal orders recognising such degrees/diplomas were necessary as they stood automatically recognised for the purpose of employment under the State Government. In that context para 2 has been set out in the Government Resolution dated December 19,1961 stating that similarly no orders were required for the formal recognition of any certificate or diploma, awarded by Boards of Secondary and Intermediate Education duly set up and recognised by the Central Government or the state Government concerned.
In that context para 2 has been set out in the Government Resolution dated December 19,1961 stating that similarly no orders were required for the formal recognition of any certificate or diploma, awarded by Boards of Secondary and Intermediate Education duly set up and recognised by the Central Government or the state Government concerned. There is no dispute that all the concerned respondents were granted diploma by this Board of Secondary and Intermediate Education. The general recognition having been given no formal recognition order was necessary, as those diplomas stood automatically recognised like the University degrees and diplomas in the first para. 3. Mr. Shah, however, raised a technical contention that the recognition of the diploma has no effect of an equivalence for the purpose of these relevant rules. Recognition of the diploma when it is laid down for the purpose of this recruitment to the employment under the State Government, has obvious reference to these recruitment rules, where besides University degrees and diplomas other educational qualifications were treated as equivalent qualifications recognised by the Government. 'Therefore, this recognition has no other meaning than the equivalence contemplated in the relevant recruitment rules. Even the technically of Mr. Shah is sufficiently satisfied because as earlier pointed out by us, in the Greater Bombay State this diploma was even in terms recognised as equivalent qualification. Such equivalence has not to be repeated every time for promotion in such a hierarchical set up. 4. Mr. Shah also raised another point of distinction that so far as practical experience was concerned in the particular recognition itself the Government had made a distinction that for a graduate minimum period was of four years while for a diploma bolder it was of 6 years. That itself shows that the Government had duly applied its mind by equating persons who are degree holders and diploma holders by giving due weight both in the academic qualifications and practical experience when they attained equivalent standard as required under the statutory qualifications. Therefore, there was no substance in this petition and the learned Single Judge had rightly dismissed this petition. The appeal is accordingly dismissed with no order as to costs in the circumstances of the case. 5. Mr. Shah made a request for certificate under Article 133(1).
Therefore, there was no substance in this petition and the learned Single Judge had rightly dismissed this petition. The appeal is accordingly dismissed with no order as to costs in the circumstances of the case. 5. Mr. Shah made a request for certificate under Article 133(1). We do not see any question is involved which would justify certificate being issued for appeal to the Supreme Court The request is, therefore, rejected. Appeal dismissed.