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Judgment
S.K. Mishra, J
In this writ petition, the petitioner has prayed for the following reliefs:-
“i. Issue a writ of certiorari quashing the impugned action and the advertisement dated 01.09.2021 in relation to the department of Uttarakhand Pey Jal Evam Swachhata Vibhag (Uttarakhand Jal Sansthan).
ii. Issue a writ of mandamus commanding and directing the respondent no.2 to appropriately modify the advertisement pertaining to the Uttarakhand Pey Jal Evam Swachhata Vibhag (Uttarakhand Jal Sansthan) and prescribe the qualification in accordance with Uttarakhand Jal Sansthan Engineering Services Rules, 2011 to the post of Assistant Engineer.
iii. Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case”.
It is apparent from the submission and records that the petitioner is a Mechanical Engineer. At present, Uttarakhand Jal Sansthan is in requirement of Civil Engineer to discharge engineering functions relating to civil work.
Mr. C.K. Sharma, the learned counsel for the petitioner, relies upon Rule 12(1) of the Uttarakhand Jal Sansthan Engineering Services Rules, 2011, and submits that Rule 12(1) defines only Assistant Engineer. It does not create a category of Civil Engineer. It is appropriate to note the exact words used by the statutes.
A plain reading of this provision clearly reveals that the Assistant Engineer from the streams of Civil/Electrical/ Mechanical can be appointed.
Mr. Rakesh Thapliyal, the learned Senior Counsel appearing for the respondent No.3, submits that, at present, the Jal Sansthan is in requirement of Civil Engineers. Therefore, the advertisement for the said post has been issued.
We do not find any force in the contention raised by Mr. C.K. Sharma, the learned counsel for the petitioner.
Hence, the writ petition is devoid of any merit. It is, hereby, dismissed.
Urgent certified copy of this order be issued to the parties on proper application.
