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Judgment
PER: RAJINDER SINGH DOGRA, MEMBER (J):
The instant application has been filed by the applicants basically challenging the impugned amended Recruitment Rules dated 18.10.2023 (Annexure A-1), wherein applications were invited for the post of Assistant Engineer (Civil/Electrical), on the ground that the said Rules have not been notified till date, therefore, is not applicable and any notification for recruitment on the basis of the said amended Rule is also not valid. Applicants have also challenged the Recruitment Notification/Advertisement No. 4/2023 dated 30.10.2023 (Annexure A-2) published by the Central Agricultural University for the post of Assistant Engineer (Civil/Electrical) as indicated in para 5 of the said Advertisement. The applicants have also challenged the impugned addendum dated 30.11.2023 as well as the rejection order dated 22.12.2023 (Annexure A/3 and A/4).
As per Sri M. Chanda, learned counsel for the applicants, all the applicants are B.E. degree holding in Civil/Electrical Engineering. They have been appointed on different dates as Junior Engineer (Civil) and joined on 24.04.2012 (Civil) in Central Agricultural University, Imphal. Hence, they have already accrued 11 years of experience as Junior Engineer (Civil/Electrical) having degree in Engineering. As such, they are being eligible for consideration of promotion to the vacant post of Assistant Engineer (Civil/Electrical) after serving 5 years in the department. In the event of filling up of those posts of Assistant Engineer (C/E) by Direct recruitment from open market having same educational qualification but less experience i.e., 5 years of service experience, in that eventuality, the applicants who were recruited having degree in civil/electrical Engineering having 11 years of long service experience of the respondent establishment shall be deprived of their promotion to the vacant post of Assistant Engineer. Besides, their promotional avenues to the rank of Assistant Engineer will be closed and they will require to serve under those direct recruitee Assistant Engineer (Civil/Electrical) having same qualification but less service experience than that of the applicants and thereby right of the applicants guaranteed under the Articles 14 and 16 of the Constitution will be violated. Besides, the impugned amended Recruitment Rules, 2023 issued under ordinance No. 2 of 2023 dated 18.10.2023 providing for consideration of appointment through Direct Recruitment having lesser service experience is highly arbitrary unreasonable and ex-facie illegal.
Sri Chanda further pleads that as a result of introduction of the impugned amended Recruitment Rules, 2023, the avenue of promotion of the present applicants who are serving as Junior Engineer for long 11 years has been arbitrarily restricted and also excluded from the purview of consideration of their cases for further promotion to the next higher grade of Assistant Engineer inspite of rendering 11 years of satisfactory services in the absence of any single promotion. However, without issuance of gazette notification as required to be done under Section 43 (2) of the CAU, Act, 1992, the impugned amended Recruitment Rules for the post of Assistant Engineer (Civil/Electrical) published vide ordinance No. 2 of 2023 dated 18.10.2023 has been acted upon and the impugned advertisement No. 4/2023 dated 30.10.2023 has been issued to fill up vacancies in different departments including the posts of Assistant Engineer (Civil/Electrical) is in violation of Section 43 (2) of the CAU, Act, 1992. As such, the impugned advertisement No. 4/2023 dated 30.10.2023 is illegal and liable to be set aside
Respondent No. 2 has filed the written statement and states that there is no deviation of the existing rules as prescribed under the Old and New Ordinances in the recruitment process as advertised in Advertisement No. 4/2023 dated 30.10.2023. The University notified the Ordinance No. 2 of 2003 by way of amendment of the old Ordinance No. 2 of 1995 amending the Recruitment Rules of Non-Teaching Staff. This Rule entitled the Central Agricultural University, Imphal Recruitment Rules (Non-Teaching Employees), 2003. In this new Recruitment Rules, qualification and experience for promotion and direct recruitment of Assistant Engineer was also prescribed. In the new Recruitment Rules, there is no change on the method of recruitment with the old ID Recruitment Rules under Ordinance No. 2 of 1995. The new Ordinance came into effect immediately after issuance as per provision under clause (6) of Section 40 of the Statute of the CAU Act, 1992 (40 of 1992). In CAU, Imphal, the total sanctioned post of Assistant Engineers are 10, out of which 6 posts have already been filled up by promotion under Old ordinance which is 1 post in excess than the prescribed limit as per Recruitment Rules. The advertisement issued for direct recruitment of 3 Assistant Engineers is below the limit as prescribed in the Recruitment Rules as 50% post of total sanctioned post of 10 is 5 posts.
Respondent No. 2 further states that the closing date for submission of application form was on 30.11.2023 but due to law and order problem in Imphal and non availability of Internet connection in the State of Manipur, the University extended the date by one month i.e. upto 31st December 2023 in the interest of general public. Respondent No. 2 further reiterates that the Recruitment Rules under the old Ordinance No. 2 of 1995 as well as under the new Ordinance are same in respect of method of appointment of recruitment of Assistant Engineer (Civil/Electrical) pertaining to filling up 50% by direct recruitment and 50% by promotion.
We have heard Sri M. Chanda, learned counsel for the applicant and Mrs. P.D. Bujarbaruah, learned Sr. counsel for respondent No. 2 and scrutinized the entire conspectus of the case. The judgments placed by both parties are perused and taken on record.
The respondents have clarified that the new rule has been framed by the President of India and has been sent for the Gazette notification. It is an established statutory fact that under Section 40(6) of the Statutes of the CAU Act, 1992, the new Ordinance came into effect immediately after issuance. Crucially, an examination of the rules reveals that there is absolutely no change between the old and new rules to the extent of promotion. Under both regimes, 50% of the posts are filled by way of promotion from their own internal cadre, and the remaining 50% are filled from the direct recruitment quota. As a factual reality, the internal promotion track has already consumed 6 out of the 10 total sanctioned posts of Assistant Engineer, which is one post in excess of their prescribed limit. Therefore, the university's notification to fill 3 posts via direct recruitment cannot be faulted as an infringement of the promotion quota. Stagnation alone does not render a valid administrative rule invalid under Articles 14 and 16. However, equity must be balanced with rule-bound procedures. Since the applicants were not considered for promotion by the Departmental Promotion Committee (DPC) because the promotional quota was already exhausted, their career progression cannot be entirely closed. The most logical and legally sustainable solution is to allow them to leverage their qualifications through the open channel. They
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hold a valid right to participate in the direct recruitment process alongside applicants from the open market, provided they meet the basic eligibility criteria.
In view of the applicable statutory guidelines and factual matrices, this O.A. is disposed of. The applicants are hereby permitted to appear in the direct recruitment quota of 50% for the post of Assistant Engineer (Civil/Electrical) under Advertisement No. 4/2023. The Respondents are directed to accept and process the applications of the applicants, allowing them to participate in the selection process on an equal footing with open-market applicants, provided they are fully eligible as per the governing Rules and Advertisement.
All pending Miscellaneous Applications (M.A.), if any, stand closed. There shall be no order as to costs.