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TMI Blog1997 (2) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... The other respondents filed the writ petition in the High Court impugning their appointments based on Rule 24-A of the Rajasthan Service of Engineers (Building and the Roads Branch) Rules, 1954 (as amended) (for short, the 'Rules'). The only question is : whether the appointment of the said respondents, viz., B.S. Bhatnagar and H.L. Meena, is made in accordance with the Rules. Shri Aruneshwar Gupta, learned counsel appearing for the State, contends that under Rules 9 of the Rules, subject to the provision therein, the appointing authority shall determine as on the first day of the financial year, i.e., commencing from 1st April of ensuing year and ending with 31st March of successive year, the number of vacancies, actual or antici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the Government is required to apply the criteria prescribed in the amended law. It should be applied as indicated in column in Rule 2(iii) thus: "2.(iii) in column numbers 2 and 4 against serial No.2 after the words "Addl.Chief Engineer" and "Superintending Engineers" the expression "(Civil)" shall be added an in column No.5 the following new entry shall be inserted:- "Must hold a degree in Engineering (Civil) of a University established by law in India or qualification declared quivalent thereto by Government with 5 years service as Suyperintending Engineer (Civil)" (iv) After serial number 2, the following new serial number and entries thereto shall be inserted, namely :- "2-A Addl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perince on the first day of the month of April of the year of selection as specified in Column 6 or in the relevant Column regarding "minimum qualification and experience for promotion", as the case may be." Therefore, it is not in dispute and cannot be disputed that while selecting officers, minimum requisite qualifications and experience for promotion specified in the relevant column, should be taken into consideration against vacancies existing as on 1st April of the year of selection. But since the Rules cane to be amended and the amendedment became effective with immediate effect and clause (11-B) of Rule 24-A indicates that options have been given to the Government or the appointing Authority, as the case may be, to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he amended Rules came into force, necessarily the amended Rules would be required to be applied for and given effect to . But, unfortunately, that has not been done in the present case. The two courses are open to he Government or the appointing authority, viz., either to make temporary promotions for the ensuing financial year until the DPC meets or in exercise of the power under Rule 24-A (11-B), they can revise the panel already prepared in accordance with the Rule and make appointments in accordance therewith. It is contended by Shri Das that one of the persons, namely, H.L. Meena was appointed against a carried forward post as per the existing Rules and, therefore, his appointment cannot be challenged. We find it difficult to give acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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