1. In the instant petition, petitioners have prayed for the following reliefs:- "Writ in the nature of certiorari quashing the impugned Government order Annexure P-4 to the extent the same reflects the selection of the petitioners on the basis of basic qualification of Diploma instead of B. E. Degree. Writ in the nature of certiorari quashing the final seniority list Annexure P-6 so far as the same fails to reflect the petitioners at the appropriate place amongst the Degree holder Jr. Engineers (Electric) Grade-II and instead reflects them amongst Diploma holder Jr. Engineer (Electric) Grade-II. Writ in the nature of mandamus commanding upon the respondents to reflect the petitioners at the appropriate place in the order of seniority amongst Degree holder Jr. Engineer (Electric) Grade-II, as per their merit mentioned hereinabove and accord due consideration to them for their promotion to the post of Asstt. Engineer (Electric) in the quota of 60% reserved under rules for Degree holder Jr. Engineers and promote them accordingly." 2. Brief facts:- 3. That way back in the year 2004 vide advertisement notice No. 04/2004 dated 23.09.2004, applications were invited by the respondent No. 2 for filling up of inter alia, 170 posts of Jr. Engineers (Electric) Grade-II in the Open Merit Category of State Cadre in the Power Development Department. The advertisement provided possession of prescribed qualification for the said post of Jr. Engineer (Electric) Grade-II as "Degree in Electric/Electronic Engineering or three year Diploma in Electric/Electronic Engineering." 4. That both the petitioners herein well before the last cut-off date i.e., 23.10.2004 had acquired and passed both the qualifications of three years Diploma in Electronic and Communication Engineering as also Bachelor's Degree of Engineering. It is submitted that petitioners after having undergone three years Diploma above mentioned through J&K State Board of Technical Education had applied for undergone and passed Bachelor's Degree of Engineering in continuation and on the basis of the aforesaid Diploma Course. It is submitted that petitioners after having undergone three years Diploma above mentioned through J&K State Board of Technical Education had applied for undergone and passed Bachelor's Degree of Engineering in continuation and on the basis of the aforesaid Diploma Course. It is submitted that petitioner No. 1 successfully acquired three years Diploma Course in Electronics and Communication Engineering in Division 1st with honors, securing a percentage of 75.69 marks from the State Board of Technical Education during the session May-June 1996 which was followed by her undergoing fourth year Training Course of Bachelor of Engineering in Electronics through the University of Kashmir which was passed by her during the session 2001 under Roll No. 8317, securing an aggregate of 5777 marks out of 8000. 5. Petitioner No. 2 successfully underwent and passed three years Diploma in Electronics and Communication Engineering way back in the year 1997 through State Board of Technical Education and secured an aggregate merit of 3634 marks out of 5100 marks constituting a percentage of 71.25. It is submitted that petitioner No. 2 on the basis of the said three years Diploma course also sought for underwent and was awarded Bachelor's Degree of Engineering by the University of Kashmir way back in the year 2002 securing 1st Division Constituting a percentage of 69.69. 6. That it was on the basis of aforesaid twin qualifications possessed by both the petitioners that they applied for their consideration for appointment in the post of Jr. Engineer (Electric) Grade-II before the respondent No. 1 in response to the above advertisement notice. It is submitted that petitioners sought their consideration in the Open Merit Category. It is submitted that based on their exceptionally high merit the petitioners were shortlisted and summoned for interview which finally lead their selection and appointment vide Govt. Order No. 175-PDD of 2007 dated 10.07.2007. 7. That pursuant to the aforesaid order of their appointment the petitioners have since joined the respondent Power Development Department. It is submitted that petitioners have also produced before the respondents the original copies of their educational qualifications which included both the Degree and Diploma Certificates held by each one of them. It is submitted that respondents have prepared the service records of the petitioners as Degree holder Jr. Engineers and have as well got their Degree certificates verified from the University of Kashmir. It is submitted that respondents have prepared the service records of the petitioners as Degree holder Jr. Engineers and have as well got their Degree certificates verified from the University of Kashmir. It is submitted that respondents have issued a final seniority list being Govt. order No. 314-PDD of 2007 dated 23.10.2007 notifying the seniority position of both the Degree and Diploma holder Jr. Engineers. In terms of the said seniority list, the seniority position of the Degree holder Jr. Engineers has been shown under Annexure-A thereof and the seniority position of the Diploma holder Jr. Engineers has been shown under Annexure-B thereof. It is submitted that in terms of the said seniority list, the petitioners have been bracketed under Annexure-B thereof amongst Diploma holder Jr. Engineers. They have not been included amongst Degree holder Jr. Engineers. This has been done even though well before the issuance of the notification Annexure P-1, they had acquired the Bachelor's Degree in Engineering and were fully eligible for participation in the selection process as was initiated in terms of Annexure P-1 and were entitled to selection and appointment even on the basis of the merit secured by them on the basis of percentage of marks in Degree qualification. 8. It is submitted that final seniority list in respect of petitioners was issued without providing them any chance of filing objections inasmuch as the tentative seniority list thereof had been issued on 17.10.2006 well before the selection and appointment of petitioners vide Govt. order dated 10.07.2007. The seniority position in seniority list vis-a-vis was obviously based on the unilateral exercise of the authority on the part of respondents. 9. Petitioners feeling aggrieved by the aforesaid omission of the respondents represented before the respondents, seeking for inclusion of their names in the seniority list of Degree holders. It is submitted that instead of redressing their grievance as highlighted by them in terms of their representations but respondents have initiated a process to affect the promotion to the post of Assistant Engineer (Electrical) from amongst the Degree holders Jr. Engineers (Electric) Grade-II. This aspect is obviously likely to work to the prejudice of the petitioners depriving of their right of consideration for promotion in the quota of Degree holders Jr. Engineers (Electric) Grade-II. 10. Engineers (Electric) Grade-II. This aspect is obviously likely to work to the prejudice of the petitioners depriving of their right of consideration for promotion in the quota of Degree holders Jr. Engineers (Electric) Grade-II. 10. The petitioners are aggrieved of the action of respondent No. 2 to show their selection on the basis of Diploma course undergone by them instead of the Degree qualifications as also of their exclusion from the seniority list of Degree holder Jr. Engineers of Power Development Department and their inclusion amongst the Diploma holders and they challenge the same on the grounds detailed out as under:- i) For it is the admitted case that well before the last cut off sate prescribed by the advertisement notice Annexure-P1 (i.e. 23-10-2004), the petitioners had successfully undergone and passed both three years Diploma course in Electronics and communication Engineering as also Bachelor's Degree of Engineer in the discipline of Electronics and communication through the University of Kashmir. Both the petitioners obviously, therefore, on the last cut-off date fixed qua the advertisement notice were fully eligible and in fact possessed of the qualifications higher over and above the minimum prescribed qualifications. At the cost of repletion it would be necessary to state that on the basis of overall percentage of marks obtained by the petitioners both in the Diploma as also in the Degree Course, they were entitled to be selected and appointed to the post of Jr. Engineers (Electric) Grade-II in open merit category in that in either of the cases they would fall within the last cut-off merit obtained by the selected candidates. To demonstrate this position, the petitioners seek to reflect their inter-se merit:- Particulars Marks obtained in 3 years Diploma %ge Weightage Marks in Degree Course %age Weightage Petitioner No. 1 3860/5100 75.69 52.983 5777/8000 72.21 50.547 Petitioner No. 2 3634/5100 71.25 49.87 5575/8000 69.69 48.78 It is important to submit that according to the information of the petitioners as obtained in the respondent Board they were shown to have secured respectively 19.32 and 19.68 points in the interview. Obviously the overall merit of the petitioners both as Diploma holders and Degree holders would be well within the last cut-off merit of 67.15 points as follows:- On Diploma Basis On Degree Basis Petitioner No. 1. 52.983 + 19.32 72.31 50.547 + 19.32 69.86 Petitioner No. 2. Obviously the overall merit of the petitioners both as Diploma holders and Degree holders would be well within the last cut-off merit of 67.15 points as follows:- On Diploma Basis On Degree Basis Petitioner No. 1. 52.983 + 19.32 72.31 50.547 + 19.32 69.86 Petitioner No. 2. 49.87 19.68 69.15 48.78 + 19.68 68.46 As stated above in either of the two situations the petitioners in terms of the selection process adopted by the respondents secured their merit well within the last cut-off merit of 67.15 points and thus are entitled to be selected in the post of Jr. Engineer ( Electric) Grade-II on the basis of their Degree Certificate. The action of the respondent Board to show the petitioners as selected on the basis of Diploma course is obviously unjust, unfair and arbitrary, ex-facie infested with an error of non application of mind and mechanical exercise of power bound to subject the petitioners to panel consequences keeping in view the reduced chances of promotion to the post of Asstt Engineer (Electrical) available under rules to the diploma holder Jr. Engineer. The action of the respondent Board is obviously without jurisdiction and of penal nature. Being so an appropriate writ, order or direction is warranted to be issued in the interest of justice commanding upon the respondents to treat the petitioners as selected to the post of Jr. Engineer (Electric) Grade-II on the basis of B. E. Degree and include them in the appropriate seniority list of Degree holder Jr. Engineers. ii) For the impugned action of the respondents is also in violation of the mandate of Article 14 and 16 of Constitution. As stated above the action of the respondent Board on the face of it appears to be unjust and unfair and antithetic to the norms of fair play and thus violating the Article 14 and 16 of Constitution. This is moreso because the petitioners are sought to be deprived of their appropriate placement amongst Degree holder Jr. Engineers in the order of seniority as also Electric despite of possessing the twin qualification of Diploma and Degree certificates. iii) For the impugned action of the respondents to exclude the petitioners from the seniority list of the Degree holder Jr. Engineers at the appropriate place is also based on gross non application of mind and mechanical exercise of authority. Engineers in the order of seniority as also Electric despite of possessing the twin qualification of Diploma and Degree certificates. iii) For the impugned action of the respondents to exclude the petitioners from the seniority list of the Degree holder Jr. Engineers at the appropriate place is also based on gross non application of mind and mechanical exercise of authority. As stated above the respondents have all along treated the petitioners as Degree holder Engineers which fact is reflected not only by verification of their personal service record and the factum of grant of 08 advance increments which in terms of the relevant pay rules is admissible to the Degree holder Jr. Engineers alone and not to Diploma holder Jr. Engineers. The respondents have not applied their mind to the said aspect of the matter and have yet included the petitioners amongst Diploma holder Jr. Engineer (Electric). iv) For the impugned action of the respondents is also arbitrary and unfair. As may be noticed from the perusal of the response to the RTI application of the petitioners, the respondents have adopted an interesting course, whereby a Diploma holder Engineer is being included amongst the Degree holder Engineers in the event of his securing AMIE degree course during the service career. It is interesting to notice that such a course is not being adopted vis-a-vis a candidate who was equipped with the Degree qualification along with the Diploma qualification right at the time of his initial appointment. The course being adopted by the respondents has absolutely no nexus with the objects sought to be achieved and on the fact of it appears to be whimsical and irrational. v) For the impugned action of the respondents has lead to expose the petitioners to serious prejudice in the matter of their promotional prospects without any lawful excuse. The petitioners being degree holder Jr. Engineers (Electric) are entitled to accelerated promotions to the post of Asstt. Engineer in the quota of 60% as against 20% quota available to the diploma holder Jr. Engineers. This prejudice is sought to be caused to the petitioners without any reason, rhyme or justification. The respondents are seeking to act unlike model employers and have chosen to ignore the relevant consideration applicable to the matter. The omission and action is obviously arbitrary. 11. Engineers. This prejudice is sought to be caused to the petitioners without any reason, rhyme or justification. The respondents are seeking to act unlike model employers and have chosen to ignore the relevant consideration applicable to the matter. The omission and action is obviously arbitrary. 11. On notice respondents have filed reply, defending their action with reference to the selection made by the Service Selection Board and in reply to the paras 3 to 11 of the writ petition, it is submitted that there is no provision under the Recruitment Rules of Power Development Department issued vide SRO-381 of 1981 by virtue of which, the Diploma holder who obtained Degree qualification certificate in engineering through a recognized College/University etc. can be treated as Degree holder and brought on the seniority of the degree holders. It is submitted that the decision for including the petitioners in the seniority of Diploma holders has been taken after seeking opinion from the law department and the opinion of law department is also extracted as under:- "a) A person possessing both a Degree as well as a Diploma in Engineering, but having been appointed on the basis of a Diploma Certificate, cannot be included in the seniority list of Degree Holder Junior Engineers. Such a benefit is available only to those in-service Diploma Holder Junior Engineers who qualify Degree Course subsequent to their appointment. b) Since, J&K Power Development Department (Subordinate) Service Recruitment Rules-1981 of J&K Engineering (Subordinate) Service Recruitment Rules, 1997, this provision cannot be applied to power Development Department service unless the rules are amended in this regard. c) The provision of inclusion in the seniority list of degree holders, after possessing AMIE Section (A&B) shall be in principle be available to diploma holder Junior Engineers on acquiring a degree as well. In fact, this is an equivalence clause making AMIE equivalence to a degree." 12. Respondent No. 1 has admitted the position of petitioners' vis-a-vis their being in possession of B.E. Degree qualification before the cut off date mentioned in the advertisement notice. Respondent No. 1 is only defending his action with reference to the opinion of the law department, therefore, the averments made in the writ petition have remained un-rebutted, hence presumed to be correct. 13. Heard learned counsel for the parties and perused the material placed on record. 14. The contentions raised by Mr. Respondent No. 1 is only defending his action with reference to the opinion of the law department, therefore, the averments made in the writ petition have remained un-rebutted, hence presumed to be correct. 13. Heard learned counsel for the parties and perused the material placed on record. 14. The contentions raised by Mr. A. Haqani, learned counsel for the petitioner with reference to the claim projected has relevance. Admittedly, petitioners have competed the process of selection against the post of Degree holders Jr. Engineers (Electric) Grade-II pursuant to advertisement notice No. 04/2004 dated 23.09.2004 and while submitting the application Forms they have enclosed both the Degree and Diploma certificates, therefore, it cannot be said that the petitioners were not eligible to be selected as Degree holder Engineers. There is no scope for the respondents to deprive the petitioners from the benefit of treating them as Degree holder Jr. Engineers (Electric) Grade-II. Respondent No. 1 while justifying his action in placing the petitioners in the seniority list of Degree holders Jr. Engineers (Electric) Grade-II has referred to the opinion of law department which opinion is not strengthened on the basis of any Rule or law, therefore has no relevance and is accordingly turned out. 15. Petitioners in order to substantiate their claim with reference to violation of their fundamental rights guaranteed under Article 14 and 16 of the Constitution have placed on record notice dated 12.12.2013 regarding fixation of seniority of Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder) and sought permission while filing application No. 4030/2013 seeking appropriate orders directing the respondents to accord the same treatment in their favour as has been sought to be given to Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder). Contents of the notice reveal that Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder) was appointed as Jr. Engineer (Electric) Grade-II and his seniority was not fixed while issuing Government order No 541-GAD of 2003 dated 08.12.2003 therefore, this Court in terms of order passed on 24.12.2013, directed Mr. M. A. Chashoo, learned AAG to submit records of case pertaining to the fixation of seniority of Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder). Mr. Chashoo, learned AAG submitted the records, perusal whereof reveal that the case of Shri Kuldeep Raj Gupta, Jr. M. A. Chashoo, learned AAG to submit records of case pertaining to the fixation of seniority of Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder). Mr. Chashoo, learned AAG submitted the records, perusal whereof reveal that the case of Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder) has been processed for his inclusion amongst the degree holder Engineers and before finalizing the seniority amongst Degree holders objections have been invited, pursuant to the notice dated 12.12.2013. 16. Perusal of the records reveals that respondent No. 1 has initiated the process of including the name of Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder) in the final seniority list of Junior Engineers Degree holders on the basis of his representation but same yardstick has not been followed in the case of petitioners, therefore, the action seems to be arbitrary and violative of Article 14 and 16 of the Constitution. 17. Mr. Chashoo, learned AAG was pointedly asked as to why the respondent No. 1 is adamant in ignoring the claim of petitioners by according them the same treatment which has been accorded to Shri Kuldeep Raj Gupta, Jr. Engineer (Degree Holder) on the basis of same degrees of that of petitioners, Mr. Chashoo, learned AAG tried to explain the stand but could not convince the Court. 18. Petitioners in order to strengthen their claim for grant of relief have placed reliance on Government order No. 411-PW(Hyd) of 2009 dated 20.11.2009 and Government Order No. 387- PW (Hyd) of 2011 dated 07.10.2011, and sought permission through the medium of CMP No. 2233/2013 and 3585/2012 for placing them on record. This Court in terms of orders passed on 29.07.2013 and 29.10.2012, allowed the application No. 2233/2013 and CMP No. 3585/2012. The orders are quoted below: CMP No. 2233/2013 "Application, for the reasons detailed, is allowed and document appended thereto is placed on record with all just exceptions. CMP disposed of." CMP No. 3585/2012 "Application allowed. Documents i.e. photo-stat copy of the Government Order No. 387-PW (Hyd) of 2011 dated 07.10.2011 be taken on record subject to just exceptions. CMP disposed of." 19. Perusal of the Government order No. 387-PW (Hyd) of 2011 dated 07.10.2011 reveals that respondents have fixed the seniority of S/S V.K. Rattanpal and Shri Rajesh Chander Gupta who were appointed as Jr. Documents i.e. photo-stat copy of the Government Order No. 387-PW (Hyd) of 2011 dated 07.10.2011 be taken on record subject to just exceptions. CMP disposed of." 19. Perusal of the Government order No. 387-PW (Hyd) of 2011 dated 07.10.2011 reveals that respondents have fixed the seniority of S/S V.K. Rattanpal and Shri Rajesh Chander Gupta who were appointed as Jr. Engineers (Civil) Grade-II vide Government order No. 286 (GR) of 1986 dated 12.08.1986 and Government order No. PW-210 of 1988 dated 08.03.1988 respectively on the basis of technical qualification of three years Diploma in civil Engineering, in the final seniority list of Degree holders, subsequently having acquired higher technical qualification and passed Section-A of AMIE (Civil) from the Institution of Engineers (India) 8 Gokhale Road, Kolkata and later passed Section-B of AMIE (Civil) from the Institution of Civil Engineers (India) Ludhiana Punjab in the year 2009 were treated as Degree holders for the purpose of fixation of seniority in terms of Government order (Supra) further vide Government order No. 411-PW(Hyd) of 2009 dated 20.11.2009, S/S Umar Zahoor Nehvi, Nusrat Handoo, Mudasir Ahmad Shah, Arif Ghulam Nabi and Vikas Bhardwaj who were appointed as Junior Engineers (Civil) Grade-II vide Government order No. 148-PW (R&B) of 2007 dated 16.04.2007 on the basis of technical qualification of three years Diploma in Civil Engineering and subsequently S/S Umar Zahoor Nehvi, Nusrat Handoo and Arif Ghulam Nabi having acquired higher technical qualification of degree in Civil Engineering from the University of Kashmir during the process of their selection in the J&K Service Selection Board upto the date of their formal appointment, i.e., October, 2006, Shri Vikas Bhardwaj had completed his degree in the year 2003 from the University of Pune and Shri Mudasir Ahmad Shah completed his degree in Civil Engineering from the University of Kashmir after his appointment as Junior Engineer Civil in July, 2007 were treated as Degree Holders for the purpose of fixation of seniority in terms of aforementioned Government order. Respondents could not justify the denial of the said benefit in respect of the petitioners, who are admittedly on much strengthened position than those of the aforementioned Jr. Engineers. 20. Noting has been brought on record to demonstrate that the petitioners are not similarly situated with the aforementioned Degree holders, therefore seniority has been fixed with Degree holder Engineers. Respondents could not justify the denial of the said benefit in respect of the petitioners, who are admittedly on much strengthened position than those of the aforementioned Jr. Engineers. 20. Noting has been brought on record to demonstrate that the petitioners are not similarly situated with the aforementioned Degree holders, therefore seniority has been fixed with Degree holder Engineers. This is merely an ipsidixit to resort to pick and chose or hire and fire policy which is antithetic to the mandate of Articles 14 and 16 of the Constitution. 21. Mr. T.H. Khawja, learned appearing counsel for the Service Selection Board has admitted the position of petitioners vis-a-vis their being possessed of Degree qualification at the time of submission of their application Forms but could not convince the Court as to why they were deprived of the benefit of placing them amongst the Degree holder Engineers. The action of respondents in placing the petitioners amongst Diploma holders despite the fact that the petitioners possessed B. E. Degree and qualified to be placed amongst Degree holders Engineers amounts to colorable exercise of power, hence unsustainable. 22. In the given circumstances, the writ petition is allowed: i) By writ of certiorari impugned Government No. 175-PDD of 2007 dated 10.07.2007 to the extent the same reflects the selection of the petitioners on the basis of basic qualification of Diploma instead of B. E. Degree is quashed. ii) By writ of certiorari the final seniority list so far as the same fails to reflect the petitioners at the appropriate place amongst the Degree holder Jr. Engineers (Electric) Grade-II and instead reflects them amongst Diploma holder Jr. Engineer (Electric) Grade-II is quashed. iii) By writ of mandamus commanding respondents to reflect the petitioners at the appropriate place in the order of seniority amongst Degree holder Jr. Engineer (Electric) Grade-II as per their merit and date of appointment and accord due consideration to them for their promotion to the post of Asstt. Engineer (Electric) in the quota of 60% reserved under rules for Degree holder Jr. Engineers and promote them accordingly. Interim direction shall stand merged. 23. Disposed of along with all connected CMP(s). 24. Records produced by Mr. M. A. Chashoo, learned AAG are returned to him in the open Court.