JUDGMENT 1. - Shri Prakash Advani, the petitioner in this writ petition filed under Article 226 of the Constitution, holds a diploma in Mechanical Engineering. By order dated 7th December, 1964, the petitioner was appointed as junior Engineer in the Rajasthan State Electricity Board (hereinafter referred to as the 'respondent Board'). The next post higher to the post of Junior Engineer in the respondent Board is that of Assistant Engineer. The post of Assistant Engineer forms part of the Rajasthan State Electricity Board Service of Engineers which is composed of Electrical and Mechanical Engineering Service, Tele Communication Engineering Service and Civil Engineering Service. Recruitment and promotion to the posts of Assistant Engineer in the aforesaid services is governed by the Rajasthan State Electricity Board Service of Engineers (Recruitment, Promotion and Seniority, etc.) Regulations, 1969 (hereinafter referred to as the 'Regulation') framed by the respondent Board in exercise of the powers conferred on it by Section 79 of the Electricity (Supply) Act, 1948. Under the Regulations, 50% of the posts of Assistant Engineers are to be filled by direct recruitment and 50% of the said posts are to be filled by promotion of Junior Engineers Overseers on the basis of seniority-cum-merit. The qualifications for direct recruitment to the post of Assistant Engineer are described in Regulation 11 of the Regulations which lays down that a candidate for direct recruitment to the service of Assistant Engineers must hold a degree in Engineering (Electrical, Civil, Telecommunication or Electronics, as the case may be) of a University established by law in India or a degree or diploma of foreign University or Institution declared by the respondent Board Government to be equivalent to a degree in Engineering (Electrical, Mechanical etc.) of a University established by law in India. In Schedule I to the Regulations, separate qualifications have been prescribed for promotion to the posts of Assistant Engineers (Electrical, Mechanical Tele-communication and Civil). In so far as the post of Assistant Engineer(Electrical) is concerned, the qualifications which have been prescribed for promotion to the said post in the Schedule are B.E. (Elec.) or A.M.I.E. (Electrical) or qualification declared equivalent by the Govt. with 2 years service as Junior Engineer (Electrical) or Diploma holder from a recognised institution with 7 years requisite experience as junior Engineer Overseer (Electrical). with 2 years service as Junior Engineer (Electrical) or Diploma holder from a recognised institution with 7 years requisite experience as junior Engineer Overseer (Electrical). On 1st April, 1978, the respondent Board issued a circular whereby it was notified that the respondent Board had decided to allow such diploma holders, working in the various branches of Engineering in the respondent Board, who have rendered 7 yrs. continuous service as Overseers to appear alongwith the degree holders in the examination to be conducted for appointment of Assistant Engineers against the direct recruitment quota. For the purpose of making direct recruitment to the posts of Assistant Engineer (Electrical), the respondent Board published an advertisement in the Rajasthan Patrika, Jaipur, dated 5th August, 1978, inviting applications from candidates having the minimum qualifications prescribed in the said advertisement. The minimum qualification., prescribed in the said advertisement was a degree in Electrical Engineering of a University established by law in India or a degree or diploma of foreign University or Institution declared by the respondent Board/Government to be equivalent, or diploma holders in Electrical Engineering working in the Rajasthan State Electricity Board who had rendered 7 years continuous service as Overseer/ Junior Engineer. In view of the fact that in the aforesaid advertisement it was laid. down that only diploma holders in Electrical Engineering were eligible for consideration, the petitioner did not submit his application for direct recruitment to the post of Assistant Engineer (Electrical) before 8th September, 1978, the date prescribed in the said advertisement for the receipt of the applications. The competitive Examination for the selection of the applicants for the post of Assistant Engineers (Electrical) was held from Dec. 24 to December 29, 1978. It appears that certain junior Engineers who were holding diploma in Mechanical Engineering, had submitted their applications in response to the said advertisement and they were permitted by the respondent Board to appear at the competitive examination held on 24th December 1978 Certain Junior Engineers/Overseers who held diplomas in Mechanical Engineering and who had not even submitted their applications before the last date for receipt of the applications prescribed in the advertisement but who had sent telegrams on 22nd December, 1978, were also permitted to appear at the competitive examination held from 24th December, 1978 to 29th December, 1978. The petitioner also sent a telegram on 23rd December, 1978 for being permitted to appear at the competitive examination but he was not granted permission to appear at the said examination. The petitioner has, therefore, filed this writ petition challenging the validity of the advertisement dated 5th August, 1978 inviting the applications for direct recruitment to the posts of Engineer Assistant (Electrical) as well as the competitive examination which was held from 24th December, 1978 to 29th December, 1978, in pursuance of said advertisement. 2. In the writ petition, the petitioner has admitted that persons holding a diploma in Mechanical Engineering are eligible for appointment to the post of Junior Engineer/Overseers, that there is common cadre of Junior Engineers/Overseers with a common seniority list and there are no separate posts of junior Engineers/Overseers (Electrical) or junior Engineer/Overseer (Mechanical). The case of the petitioner is that the Junior Engineers/Over- seers employed with the respondent Board are required to look after and regulate the generation, transmission, distribution of electricity, construction or new limes and substations, survey and investigation, etc., and that all these jobs are being looked after by junior Engineers/Overseers having Diploma in Electrical or Mechanical Engineering without any distinction and that all the posts in the cadre of junior Engineers/Overseers are transferable. According to the petitioner, there are no posts of Assistant Engineer (Mechanical) in the respondent Board and until now promotion on the post of Assistant Engineer has been made without making any distinction between Junior Engineers/ Overseers holding diploma in Electrical Engineering and Junior Engineers/ Overseers holding diploma in Mechanical Engineering and that Junior Engineers/Overseers holding diploma in Mechanical Engineering, who have been promoted as Assistant Engineers are working in various branches, e.g. Generation, Distribution, Transmission, Rural Electrification etc. The petitioner has submitted that by the impugned advertisement, the field of eligibility for direct recruitment to the post of Assistant Engineer (Electrical) had been restricted to Junior Engineer/Overseers having diploma in Electrical Engineering and thereby the petitioner & other junior Engineers/Overseers who hold diploma in Mechanical Engineering, have been denied the right to equality of opportunity in the matter of employment guaranteed under Article 14 and 16 of the Constitution. In support of his aforesaid submission, the petitioner, in his writ petition, has submitted in Schedule "A" to the writ petition, the names and particulars of junior Engineers/Overseers holding diploma in Mechanical Engineering who have been promoted an Assistant Engineers and are working in various branches e.g. generation distribution, transmission, rural electrification etc. In the writ petition, the petitioner has also submitted that the respondent Board had discriminated amongst Junior Engineers/Overseers having diploma in Mechanical Engineering in as much as it had permitted a number of junior Engineers/Overseers who hold a diploma in Mechanical Engineering, to appear at the competitive examination held from 24th December, 1978 to 29th December, 1978, whereas the petitioner who is a person similarly situate, was not permitted to appear at the said examination. In support of his aforesaid submission, the petitioner in Schedule 'B' and 'C' to the said writ petition, has given the names of the Junior Engineers/ Overseers holding diploma in Mechanical Engineering, who were permitted to appear at the competitive examination held from 24th December, 1978 to 29th December, 1978. In his writ petition, the petitioner has also placed reliance on the circular dated 1st April, 1978, issued by the respondent Board, whereby the respondent Board had decided to allow diploma holders working in the various branches of Engineering in the respondent Board, who have rendered 7 years continuous service as Junior Engineers/Overseers to appear along with the degree holders for examination to be conducted for the appointment of Assistant Engineers against the direct recruitment quota, and has submitted that the qualifications laid down in the impugned advertisement are in conflict with the qualifications mentioned in the circular dated 1st April, 1978. 3. In the reply to the writ petition filed on behalf of the respondent Board, it is not disputed that Junior Engineers employed with the respondent Board form part of a single cadre. In the said reply, it is stated that since the work of junior Engineers is not specialised, it is not necessary to have different cadres for them and that all junior Engineers are trained in all types of work to begin with so that they may have some insight in the working of the respondent Board. In the said reply, it is stated that since the work of junior Engineers is not specialised, it is not necessary to have different cadres for them and that all junior Engineers are trained in all types of work to begin with so that they may have some insight in the working of the respondent Board. The case of the respondent Board is that position is different with regard to the higher posts of Assistant Engineers and only persons having the requisite degree of diploma in a particular branch of Engineering are promoted as Assistant Engineer in that particular branch and that the position is not different in the case of direct recruitment and therefore, a Junior Engineer having diploma in Mechanical Engineering cannot be appointed on the post of Assistant Engineer (Electrical). 4. According to the respondent Board, Junior Engineers/Overseers, having diploma in Mechanical Engineering, are eligible for appointment to the post of Assistant Engineer (Mechanical) only. In the reply aforesaid, the respondent Board has not denied the fact that in the past junior Engineers/ Overseers holding diploma in Mechanical Engineering have been promoted as Assistant Engineers and are working in various fields connected with Electrical Engineering and it is stated that so far there had, been one common cadre of Assistant Engineers but now all , Assistant Engineers have been put in different cadres, according to their qualifications. In the reply, it has also not been denied that some junior Engineers/Overseers holding diploma in Mechanical Engineering were permitted to appear at the competitive examination, held from 24th December, 1978 to 29th December, 1978 but it is stated that this was on account of an accidental slip of the Chairman of the respondent Board and that merely because certain persons holding diploma in Mechanical Engineering had been wrongly allowed by the Chairman to appears at the examination could not confer a right on the petitioner to be permitted to appear at the examination in violation of the Regulations framed by the respondent Board prescribing the minimum qualification for appointment to the post of Assistant Engineer (Electrical). 5. A rejoinder has been filed on behalf of the petitioner wherein it has been denied that there are separate posts of Assistant Engineer (Electrical) and Assistant Engineer (Mechanical) and it has been asserted that under the Regulations, there are only three services of Engineers, viz. 5. A rejoinder has been filed on behalf of the petitioner wherein it has been denied that there are separate posts of Assistant Engineer (Electrical) and Assistant Engineer (Mechanical) and it has been asserted that under the Regulations, there are only three services of Engineers, viz. Electrical and Mechanical Engineering Service, Tele communication Engineering Service, and Civil Engineering Service, which shows that in so far as Electrical and Mechanical Engineers are concerned, there is only one composite service and that the respondent Board cannot divide the said service into two separate services viz. Electrical Engineering Service and Mechanical Engineering Service. 6. Shri H.M. Parekh, the learned counsel for the petitioner, has urged the following contentions in support of the writ petition : (i) The impugned advertisement, in so far as it restricts the field of eligibility to the junior Engineer/Overseers having diploma in Electrical Engineering contravenes the Regulations as well as the circular dated 1st April, 1978 issued by the respondent Board. (ii) If the Regulations and the Circulars dated 1st April, 1978 are so construed as to restrict the field of eligibility for recruitment to the post of Assistant Engineer (Electrical) to junior Engineers/ Overseers holding diploma in Electrical Engineering only, there the Regulations and the Circular would be unconstitutional and void being violative of the provisions of Articles 14 & 16 of the Constitution. (iii) The respondent Board has arbitrarily discriminated against the petitioner in as much junior Engineer/Overseers holding diploma in Mechanical Engineering were allowed to appear at the competitive Examination held for making selection for the posts of Assistant Engineer (Electrical) which was held from 24th December to 29th December, 1978 whereas the petitioner, who is a person similarly situate, was not permitted to appear at the said examination. Before dealing with the contentions urged by the learned counsel for the petitioner, it would be appropriate to take note of the relevant provision contained in the Regulations. Before dealing with the contentions urged by the learned counsel for the petitioner, it would be appropriate to take note of the relevant provision contained in the Regulations. "Service" has been defined in Regulation 3(i) as under : " "Service" means the Rajasthan State Electricity Service of Engineers constituting the following different services : (a) Electrical & Mechanical Engineering Service (b) Tele-Communication Engineering Service (c) Civil Engineering Service." According to regulation 7, recruitment to the Service is either by direct recruitment in accordance with parts IV and V of the regulations or by promotion of Junior Engineers/Overseers in accordance with the part VI of the Regulations in the proportion indicated in column 6 of Schedule I to the Regulations. According to Schedule I to the Regulations, the Service consists of senior posts of Chief Engineer, Addl Chief Engineer Superintending Engineer, and Executive Engineer, and Junior posts of Assistant Engineers and appointment to 50% of the junior posts of Assistant Engineers is to be made by direct recruitment and appointment to 50% of the posts is to be made by promotion on the basis of seniority-cum-merit from amongst junior Engineers, /Overseers Appointment to the senior posts is made by promotion only. Appointment on of Executive Engineer and Senior Superintending Engineer is by Seniority-cum-merit and appointment to the post of Superintending Engineer, Additional Chief Engineer & Chief Engineer is by selection from amongst members of the Service. Regulation 11 (1) (a) (i) which prescribes the qualifications for direct recruitment to the service as Assistant Engineer, reads as under : "11 (1) (a) (i): Must hold a degree in Engineering (Electrical, Civil, Tele-Communication or electronics, as the case may be of a University established by law in India or a Degree or Diploma of foreign University or Institution declared by the Board/Govt. to be equivalent to a degree in Engineering (Electrical Mechanical etc.) of a University established by law in India". Regulation 19 lays that no Junior Engineer/Overseers shall be eligible for promotion to the Service, i.e the post of Assistant Engineers, unless he possesses the qualification and experience prescribed in column 6 of Schedule I. In Schedule I, the qualifications for promotion to the various posts of Assistant Engineers (Electrical, Mechanical, Tele-communications and Civil are laid down. 7. Regulation 19 lays that no Junior Engineer/Overseers shall be eligible for promotion to the Service, i.e the post of Assistant Engineers, unless he possesses the qualification and experience prescribed in column 6 of Schedule I. In Schedule I, the qualifications for promotion to the various posts of Assistant Engineers (Electrical, Mechanical, Tele-communications and Civil are laid down. 7. With regard to the qualifications for direct recruitment to the post of Assistant Engineer, the respondent Board has issued a circular dated 1st April 1978 which reads as under: "It has been decided by the Board to allow such diploma holders working in the various branches of Engineering in the Board, who have rendered 7 years continuous service as Overseers to appear alongwith degree holders in the examination to be conducted for appointment of Assistant. Engineers against the direct recruitment quota." 8. The submission of the learned counsel for the petitioner is that intention of the aforesaid circular was to enable Junior Engineer/Overseers who have rendered 7 years continuous service with the respondent Board to compete for appointment as Assistant Engineers against the direct recruitment quota. According to the learned counsel for the petitioner, the object of the circular aforesaid is to enable all the Junior Engineers/Overseers who are eligible for promotion for the post of Assistant Engineer to compete for appointment to the post of Assistant Engineer against the direct recruitment quota also and that consequently all junior Engineers/Overseers who hold a diploma in Mechanical Engineering and who are eligible fir promotion to the post of Assistant Engineer (Electrical) have been eligible for appointment to the post of Assistant Engineer (Electrical) in the direct recruitment quota. Shri H P.Gupta, the learned counsel for the respondent Board, has, on the other hand, submitted that the object of the circular aforesaid is to relax the minimum qualification prescribed in Regulation 11 to a limited extent so as to permit persons holding diplomas of Indian Institutions also to compete for appointment to the post of Assistant Engineer by direct recruitment in as much as under the qualifications prescribed in Regulation 11 holders of diplomas of foreign Universities or Institutions only are eligible and holders of diploma of Indian Institutions are not eligible. 9. In my opinion, the construction placed by the learned counsel for the respondent Board on the circular dated 1st April, 1978 cannot be accepted. 9. In my opinion, the construction placed by the learned counsel for the respondent Board on the circular dated 1st April, 1978 cannot be accepted. In the reply to the writ petition filed on behalf of the respondent Board, it is stated that the circular dated 1st April, 1978 was issued with a view to relax the qualification for direct recruitment and to provide opportunities to all those persons who are qualified for promotion to the post of Assistant Engineer from the ranks of Junior Engineers to sit at the examination for direct recruitment of Assistant Engineers. This shows that the intention of the respondent Board in issuing the circular dated 1st April, 1578 was to remove the disparity between the qualifications prescribed in Regulation 11(1) (a)for direct recruitment to the service as Assistant Engineer & the qualifications prescribed in Column 6 of Schedule 1 for promotion to the service as Assistant Engineer and to enable junior Engineers/Overseers who are eligible for promotion to the post of Assistant Engineer also to compete for the said post of Assistant Engineer in the direct recruitment quota. The effect of the circular dated 1st April, 1978 is that Junior Engineers/Overseers who are eligible for promotion to the posts of Assistant Engineer (Electrical) are also eligible for appointment to the post of Assistant Engineer (Electrical) by direct recruitment. 10. It is, therefore, necessary to ascertain whether a Junior Engineer/ Overseer holding a diploma in Mechanical Engineering is eligible for promotion to the post of Assistant Engineers (Electrical) under the Regulations. If it can be held that a junior Engineer/Overseer holding a diploma in Mechanical Engineering is eligible for promotion to the post of Assistant Engineer (Electrical), then by virtue of the circular dated April 1, 1978, he will also be eligible for competing for appointment to the post of Assistant Engineer (Electrical) under the direct recruitment quota. The submission of the learned counsel for the petitioner is that under the Regulations, a Junior Engineer/Overseer holding a diploma in Mechanical Engineering is eligible for promotion to the post of Assistant Engineer (Electrical) whereas according the learned counsel for the respondent Board only a junior Engineer/Overseer holding diploma in Electrical Engineering is eligible for promotion to the said post of Assistant Engineer (Electrical) and a Junior Engineer holding diploma in Mechanical Engineering cannot be promoted to the post of Assistant Engineer (Electrical). The qualifications for promotion to the post of Assistant Engineer (Electrical), as laid down in Schedule to the Regulations, are as under:- "B.E. (Electrical) or A.M.I.E. (Electrical or qualification declared equivalent by the Govt. with 2 years service as Junior Engineer (Electrical) or Diploma holder from a recognised institution with 7 years requisite experience as Junior Engineer/Overseer (Electrical)." A perusal of the aforesaid qualifications indicates that the following two classes of Junior Engineers /Overseers are eligible for promotion as Assistant Engineer (Electrical). (a) A person having a degree in B.E. (Electrical) or A.M.I.E. (Electrical) or qualification declared equivalent by the Govt with two years service as Junior Engineer (Electrical), or (b) A person holding a diploma from a recognised institution with 7 years requisite experience as junior Engineer/Overseer (Electrical). 11. In so far as the diploma holders are concerned, the Regulations do not insist that the diploma should be in Electrical Engineering only. What is insisted upon is experience as junior Engineer/Overseer (Electrical). The submission of Shri H.P. Gupta, the learned counsel for the respondent Board, is that in the aforesaid qualifications it is implicit that a diploma holder in order to be eligible for promotion to the post of Assistant Engineer (Electrical) must hold a diploma in Electrical Engineering. According to the learned counsel for the respondent Board, it could not be the intention of the Regulations that junior Engineers who hold a degree in Engineering would be eligible for promotion only if the said degree is in Electrical Engineering but a diploma holder would be eligible for promotion even though he does not hold a diploma in Electrical Engineering. The said contention, though it appears to be quite plausible, cannot be accepted. The Regulations can be reasonably construed to postulate that a person who acquires special knowledge in the filed of Electrical Engineering by studying at the University and by obtaining a degree in Electrical Engineering can be equated with a person who after acquiring a general knowledge in the various fields of Engineering by obtaining a diploma in Engineering has acquired special knowledge in the field of Electrical Engineering by working as Junior Engineer/Overseer (Electrical) for considerable period. The note appended to the definition of "Service" contained in Regulation 3(i) of the Regulations lends support to the aforesaid construction. The said note reads as under:- "Note: Persons possessing Tele-Communication . The note appended to the definition of "Service" contained in Regulation 3(i) of the Regulations lends support to the aforesaid construction. The said note reads as under:- "Note: Persons possessing Tele-Communication . qualifications but not having experience of Tele-Communication Engineering Service & persons not possessing Tele-Communication qualifications but having experience in Tele-Communication Engineering Service will be asked to opt: for either the Electrical and Mechanical Engineering Service or Tele-Communication Engineering Service by 31st July, 1975. After examining their options the Board, will assign them to the appropriate Service. Such Assignments will not carry any retrospective claim for any promotion or financial benefits etc. Such assignments shall be final and irrevocable." 12. The aforesaid provision indicates that persons possessing qualifications in Tele-Communication but who do not have experience in Tele-Communication Engineering have been equated with persons who do not possess qualifications in Tele-Communications but have experience in Tele-Communication Engineering. Similarly it can be held that in laying down the qualifications for promotion to the post of the Assistant Engineer (Electrical) the Regulations have equated junior Engineers (Electrical) holding a degree in B E. (Electrical) or A.M.I.E. (Electrical) and with 2 years service, with Junior Engineers/ Overseers having diploma in Engineering and who have 7 years experience as Junior Engineer/Overseer (Electrical). 13. More over from a perusal of the qualifications, which have been prescribed in Schedule I to the Regulations for the various posts, I find that where ever diploma in a particular field of engineering is required an express provision to that effect had been made. For instance in the qualifications prescribed in Schedule I for the post of Assistant Engineer (Civil), it is laid down that a diploma holder (Civil) from recognised institution with 7 years experience as Junior Engineer (Civil) is eligible. Similarly in the qualifications for the posts of Executive Engineer, (Civil), it is laid down that a person must hold diploma in Engineering (Civil) by a recognised institution with 12 years service. For the posts of Executive Engineer (Tele-communication), it is necessary to have a diploma in Engineering (Tele-communication/Electronics) from a recognised institution with 12 years service. For the post of Executive Engineer, it is prescribed that a person having diploma in Engineering (Electrical or Mechanical) with 12 years service is eligible.. For the posts of Executive Engineer (Tele-communication), it is necessary to have a diploma in Engineering (Tele-communication/Electronics) from a recognised institution with 12 years service. For the post of Executive Engineer, it is prescribed that a person having diploma in Engineering (Electrical or Mechanical) with 12 years service is eligible.. The acceptance of the contention urged by the learned counsel for the respondent Board would lead to the anomalous position that a junior Engineer/Overseer having a diploma in Mechanical Engineering, who is eligible for promotion to the higher post of Executive Engineer will not be eligible for promotion to the post of Assistant Engineer (Electrical). In my view, therefore, the omission of special field of Electrical Engineering in qualifications prescribed for promotion to the post of Assistant Engineer (Electrical) and the similar omission of the special field of Mechanical Engineering in the qualifications prescribed for promotion to the post of Assistant Engineer (Mechanical) appears to be deliberate and Junior Engineers/Overseers holding a diploma in Electrical or Mechanical Engineering are eligible for the aforesaid posts of Assistant Engineer (Electrical) and Assistant Engineer (Mechanical). This also appears to be in consonance with the scheme of the Regulations which provide for the constitution of the Civil Engineering Services & :the Telecommunication Engineering Services as separate services but provide for the constitution of the Electrical and Mechanical Engineering Service as one composite service composed of persons having qualifications in electrical engineering as well as mechanical engineering. In this context, it may be observed that in Schedule I to the Regulations, it is expressly provided that a person holding a degree in Mechanical Engineering is also eligible for appointment to all the senior posts in the Service. I am, therefore, of the view, that a junior, Engineer/ Overseer holding a diploma in Mechanical Engineering is eligible for promotion to the post of Assistant Engineer (Electrical) and Junior Engineers/ Overseers having diploma in Mechanical Engineering were entitled to compete for appointment to the post of Assistant Engineer (Electrical) in the direct recruitment quota. The impugned advertisement in so far as it restricted the field of eligibility to Junior Engineers having diploma in Electrical Engineering only was issued in contravention of the Regulations as modified by the circular dated 1st April, 1978 issued by the respondent Board. 14. The impugned advertisement in so far as it restricted the field of eligibility to Junior Engineers having diploma in Electrical Engineering only was issued in contravention of the Regulations as modified by the circular dated 1st April, 1978 issued by the respondent Board. 14. The second contention urged by Sari H.M. Parekh, the learned counsel for the petitioner, is that all Junior Engineers/Overseers irrespective of the fact whether they hold a diploma in Electrical Engineering or a diploma in Mechanical Engineering constitute one class and that Regulations by prescribing that Junior Engineers holding a diploma in Electrical Engineering alone are eligible for appointment to the service as Assistant Engineers (Electrical) divides junior Engineers/Overseers into two classes, viz. Junior Engineers/Overseers holding diploma in Electrical Engineering and Junior Engineers/Overseers holding diploma in Mechanical Engineering. The submission of the learned counsel for the petitioner is that the aforesaid classification of Junior Engineers/Overseers into two classes merely on the basis of the diploma held by them and thereby depriving Junior Engineers/Overseers holding a diploma in Mechanical Engineering of an opportunity to complete for appointment to the out of Assistant Engineer (Electrical) by direct recruitment, is arbitrary and unreasonable and has no nexus with the object sought to be achieved by the Regulations. In this regard' the learned counsel for the petitioner has pointed out that all the Junior Engineers/ Overseers, whether they hold a diploma in Electrical Engineers or a diploma in Mechanical Engineering, on account of their having experience of working on the various types of work (electrical as well as mechanical) are equally qualified for holding the higher posts requiring knowledge of electrical or mechanical engineering and that to deny a junior Engineer/Overseer who has been working in the Electrical side for more than 7 years the right to be appointed as Assistant Engineer (Electrical) merely because he holds a diploma in Mechanical Engineering and to permit Junior Engineer/Overseer who has been working on the Mechanical side for more than 7 years to be appointed as Assistant Engineer (Electrical) merely because he holds a diploma in Electrical Engineering, is arbitrary and unreasonable. The learned counsel for the petitioner has further submitted that under the Regulations a person holding a diploma in Mechanical Engineering is eligible for appointment on the post of Executive Engineer involving supervision of the work of Assistant Engineer (Electrical) and that there is no rational basis for denying to a junior Engineer/Overseer holding a diploma in Mechanical Engineering the right to be appointed to the post of Assistant Engineer (Electrical). In view of my finding that a junior Engineer/Overseer holding diploma in Mechanical Engineering is entitled to be promoted to the post of Assistant Engineer (Electrical) and further that as a result of the Circular dated lot April, 1978, the disparity between the qualifications prescribed for direct recruitment to the service as Assistant Engineer and the qualifications prescribed for promotion to the service as Assistant Engineer, has been removed and a junior Engineer/Overseer holding a diploma in Mechanical Engineering is also eligible for appointment to the post of Assistant Engineer (Electrical) in the direct recruitment quota, the cause of discrimination does not exist and therefore, it is not necessary to deal with the aforesaid contention of the learned counsel for the petitioner. 15. The third contention of the learned counsel for the petitioner is that the petitioner has been picked out for discriminatory treatment in as much as number of Junior Engineers having diploma in Mechanical Engineering have been permitted to appear at the competitive examination held from 24th December 1978 to 29th December 1978 and the petitioner, who is a person similarly situate, was denied such an opportunity to appear at the competitive examination. The learned counsel for the respondent Board has submitted that junior Engineers having diploma in mechanical engineering were wrongly permitted to appear at the said examination and the mere fact that some junior Engineers holding diploma in Mechanical Engineering had been wrongly permitted to appear at the examination cannot confer any right on the petitioner to be permitted to appear at the examination. According to the learned counsel for the respondent Board, this court may quash the aforesaid direction of the respondent Board permitting those Junior Engineers who had diploma in mechanical engineering to appear at the examination was illegal, but this court cannot direct the respondent Board to commit an illegality by permitting the petitioner to appear at the examination in contravention of the Regulations. In view of finding that the Regulations, as modified by circular dated 1st April, 1978, do not prohibit Junior Engineers having diploma in Mechanical Engineering from competing for appointment to the post of Assistant Engineer (Electrical) in the direct recruitment quota, it cannot be said that in permitting the Junior engineers holding diploma in Mechanical Engineering to appear at the competitive examination, any illegality had been committed by the respondent Board. I am of the opinion that the petitioner can legitimately urge that in permitting the other junior Engineers having diploma in Mechanical Engineering to appear at the competitive examination but in refusing to grant such a permission to the petitioner, the respondent Board has denied to the petitioner the equality of opportunity in the matter of employment and has contravened the provisions of Article 16 of the Constitution. 16. In my view, the petitioner is entitled to succeed in this writ petition and the advertisement dated 5th August, 1978 issued by the respondent Board inviting applications for appointment to the post of Assistant Engineer (Electrical) and the competitive examination held from 23th December, 1978 to 26th December, 1978 for making selection fur the aforesaid posts of Assistant Engineer (Electrical) are liable to be quashed. 17. In the result, this writ petition is allowed and the advertisement (Ex 4) dated 5th August, 1978 issued by the respondent Board inviting applications for recruitment to the posts of Assistant Engineer (Electrical) and the competitive examination held by the respondent Board from 24th December, 1978 in pursuance of the aforesaid advertisement for selection to the post of Assistant Engineer (Electrical) are quashed. The parties are left to bear their own costs in this writ petition.Writ allowed. *******