Case: Ramesh Prasad Singh Vs. State Of Bihar &amp; Ors

The circumstances giving rise to this appeal lie in a short compass. It appears that the appellant who, passed the final examination of Bachelor of Science (Engineering) in Tele-Communication of the Ranchi University held in August, 1962 was appointed by the Bihar State Electricity Board (hereinafter referred to, as the Board) as Assistant Engineer (Tele-Communication) in September, 1963 on a salary of Rs. 245/- per month in the pay scale of Rs. 220-25-320EB-25-670-EB-30-750. A few weeks after his recruitment, the appellant was sent by the Board to the headquarters of Messrs Brown Boveri and Company Limited, Baden, Switzerland for six months specialized training in power line carrier, tele-metering and tele-control equipment in the modem power system. On his return from Switzerland and resumption by him of his duty as Assistant Engineer (Tele-Communication) the appellant was deputed to look after the entire telecommunication system of the Board. In June, 1968, the Board felt the necessity of maintenance of efficient communication service between the vital centres of generation, utilization and administration for ensuring reliability and continuity in power supply which would facilitate quick supervision and checking of the then existing arrangements at the generating stations, receiving sub-stations and distributing areas as also the necessity of proper supervision and handling by trained and qualified personnel of a large number of wave change-over communication equipments on 33 KW Transmission line which had been installed in the Tele-Communication Sub-Division of the Boa rd at Patna and were maintained and aligned with the help of special electronic instruments. Accordingly, the Board accorded sanction to the creation of a temporary Tele-Communication Division with head-quarters at Patna as also to the creation of a temporary post of Executive Engineer (Tele-Communication) in the replacement scale of pay of Rs. 730-35-870-40-1070-EB-45-1250, for the said Tele-Communication Division with effect from June 22, 1968 to February 28, 1969. Acting on t he recommendation of its expert selection committee to the effect that the appellant was fit to, be promoted to the rank of the Executive Engineer Tele-Communication) in view of the fact that be had a consistently good record of service, possessed the degree in Tele-Communication Engineering, had undergone special training in Switzerland in Tele-Communication, had ever since his return from Switzerland been satisfactorily performing the onerous and complex duties assigned to, hi m and had been looking after the entire Tele-Communication system of the Board and had thus acquired a valuable practical experience in that field which was necessary to man the post of Executive Engineer (Tele-Communication) and that the Assistant Electrical Engineers of 1960 batch, were being considered for promotion as Electrical Executive Engineers, the Board issued the aforesaid notification temporarily promoting the appellant to the post of Executive Engineer (Tele-Communication). Thereupon, respondents 3 to 28, who had been appointed as Assistant Electrical Engineers in September, 1960 moved the High Court at Patna by means of a writ petition under Article 226 of the Constitution challenging the aforesaid notification averring inter alia that the promotion. of the appellant was mala fide, that though they were senior to the appellant and possessed the requisite qualification and two of them viz. Harkishore Singh and Dina Nath Singh had studied telecommunication as one of their subjects in the final examination of B.Sc. in Electrical Engineering, they had not even been considered by the Board for appointment to the aforesaid post of Executive Engineer and that they bad been superseded and unreasonably discriminated against in violation of the guarantee of equality of opportunity enshrined in Articles 14 and 16 of the Constitution. The petition was contested by the appellant as also the State of Bihar and the Board who contended that the appellant was holding an extra-cadre post of Assistant Engineer (Tele-Communication) which was created separately from that of the other Assistant Electrical Engineers; that respondents 3 to 28 not being holders of degree in Tele-Communication (Engineering) were not qualified for appointment as Executive Engineer (Tele- Communication) and had no right to maintain the petition and that there was no question of violation of equality of opportunity guaranteed under Articles 14 and 16 of the Constitution. On a consideration of the rival contentions of the parties, the High Court while granting that the appellant possessed the degree of B.Sc. Engineering in Tele- Communication; that the post of Executive Engineer (Tele - Communication) might be an extra cadre post as claimed by the Board and that it was net for the Court but for the Board to, decide on the basis of the opinion of experts or selection committee as to who was fit and suitable for that post, qua shed the aforesaid notification promoting the appellant mainly on the grounds that neither a separate, cadre of Executive Engineer (Tele-Communication) had been constituted nor had any special qualification been laid down by the; Board for the post in question and that respondents 3 to 28 who were seniors to and had better experience and academic career than the appellant had been unjustifiably ignored by the Board violating the protection of equal opportunity guaranteed to them under Articles 14 and 16 of the Constitution. It is this judgment that is impugned in this appeal.

Reasoning:
In the State of Jammu &Kashmir v. Triloki Nath Khosea &Ors. (supra) where after integration of diploma holder and degree holder Assistant Engineers in one class , it was provided by the J& Engineering (Gazetted) Service Rules, 1970 that only those Assistant Engineers who possessed a degree in Engineering would be eligible for promotion to the post of Executive Engineer and the diploma holder Assistant Engineers who were rendered ineligible for promotion to the post of Executive Engineer filed a writ petition challenging the constitutionality of the rule and the classification on which it was claimed to be based on the ground that once the employees are integrated into one class, they cannot for purposes of promotion be classified again into two different classes on the basis of educational differences existing at the time of recruitment, the Constitution Bench held rejecting the contention of the diploma holder Assistant Engineers that formal education may not always produce excellence but a classification founded on variant educational qualifications is, for purposes of promotion to the post of an Executive Engineer, to say the least, not unjust on the face of it and the onus therefore cannot shift from where it originallyfollowing passages occurring in the leading judgment of our learned brother Chandrachud, J. in that case are worth quoting:-"In order to establish that the protection of the equal opportunity clause has been denied to them, it is not enough for the respondents to, say that they have been treated differently from others, not even enough that a differenti al treatment has been accorded to them in comparison with others similarly circumstanced. Discrimination is the essence of classification and does violence to the constitutional guaran tee of equality only if it rests on an unreasonable basis. It was therefore incumbent on the respondents to plead and show that the classification of Assistant Engineers into those who hold diplomas and those who hold degrees is unreasonable and bears no rational nexus with its purported object .... On the facts of the case, classification on the basis of educational qualifications made with a view to achieving administrative efficiency cannot be said to rest on any fortuitous circumstance and one has always to bear in mind the facts and circumstances of the case in order to judge the validity of a classification .... Educational qualifications have been recognized by this Court as a safe criterion for determining the validity of classification. In State of Mysore v. P. Narasing Rao (supra) where the cadre of Tracers was reorganized into two, one consisting of matriculate Tracers with a higher scale of pay and the other of non- Matriculates in the lower scale, it was held that articles 14 and 16 do not exclude the laying down of selective tests nor do they preclude the Government from laying down qualifications for the post in question. Therefore, it was open to the Government to give preference to candidates having higher educational qualifications. In Ganga Ram v. Union of India (supra), it was observed that "the State which encounters diverse problems arising from a variety of circumstances is entitled to lay down conditions of efficiency for promotion in its different departments". In the Union of India v. Dr. (Mrs.) S. B. Kohli (supra), as refined a classification as between an F.R.C.S. in general surgery and an F.R.C.S. in Orthopaedics was upheld in relation to appointment to the post of a Professor of Orthopaedics on the ground that the classification made on the basis of requirement of a post graduate degree in particular speciality was not "without reference to the objectives sought to be achieved and there can be no question ofthe instant case, the qualifications required for the post of Executive Engineer (Tele-Communication) as demonstrably rejected in the proposal for creation of that post and the aforesaid recommendation of the Selection Committee setting out various factors which went in favour of the promotion of the appellant app ear to be founded oil reasonable classification having an intelligible differentia which distinguished the appellant from respondents 3 to 28 and the differentia had a reasonable relation to the object sought to be achieved. It is, therefore, crystal clear that respondents 3 to 28 did not stand at par with the appellant and had no legal right which they could claim to have been denied to them by an authority which had a legal duty to do something. With all respect the High Court was in our judgment therefore, not right in issuing the writ of mandamus. It would be useful in this context to refer to the following observations made by this Court in Mani Subrat Jain &Ors. v. State of Haryana &Ors.([1977] 1 S.C.C. 486.)"It is elementary though it is to be restated that no one can ask for a mandamus without a legal right. There must be a judicially enforceable, right as well as a legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right by someone who has a legal duty to do something or to abstain from doingview of the foregoing, we, are unable to hold on the material, before us that the criterion employed by the concerned authority in promoting the appellant was arbitrary or capricious or was not intended to increase the efficiency in the functioning of the department or was based on extraneous or irrelevant considerations or suffered from any otheris, in our opinion, considerable force in these submissions.