Inder Jit Gupta & Ors. V. Union of India & Ors.
Date: 14/08/2001.
Facts: In this case the appellants served in the Zoological Survey of India under the control of the ministry of Environment & Forests. Most of them were appointed as Assistant Zoologists by direct recruitment and some of them were promoted to the post of Assistant Zoologist under the Zoological Survey of India (Central Service Class 1 and Class II posts] Recruitment Rules, 1963, as amended from time to time. They contended that they were governed by the Recruitment rules, which prescribed only the Master’s degree in Zoology as essential qualification for the post of Assistant Zoologist and experience relating to the posts above that of the Assistant Zoologist would be Scientist-B and so on. An advertisement was made on 4.2.1988 in the local newspaper by the Ministry of Environment & Forests to fill up the post of Scientist-SD stating that essential qualification as First Class Master’s Degree in Zoology with 5 years experience or Doctorate in Zoology. Age limit mentioned therein was relaxable upto 5 years in respect of Government servants unless stated otherwise. In view of the several conditions imposed in the said notification, though under the relevant rules, they were entitled to apply for the said post they did not apply for the same. An advertisement was made on 4.2.1988 in the local newspaper by the Ministry of Environment & Forests to fill up the post of Scientist-SD stating that essential qualification as First Class Master’s Degree in Zoology with 5 years experience in Faunistic Survey/Taxonomy or Doctorate in Zoology. Age limit mentioned therein was relaxable upto 5 years in respect of Government servants unless stated otherwise. In view of the several conditions imposed in the said notification, though under the relevant rules, they were entitled to apply for the said post they did not apply for the same.
Contentions: The said applications filed by the appellants were seriously contested by the respondents and it was stated that for the post of Scientist-SD educational qualification is the First Class Master’s Degree in Zoology with 5 years experience in Faunistic Survey/Taxonomy or Doctorate in Zoology. In this case, as persons possessing Ph.D. in Zoology have been called for the interview, insistence upon First Class in M.Sc. was not required and such condition had not been relaxed at all.
Conclusion: In the given circumstances, the Tribunal has found that the qualification necessary for the post of Scientist-SD is M.Sc. 1st Class or Doctorate in Zoology and that the age relaxation in respect of the appellants could have been considered only in the event if they had made appropriate applications, we hardly find any justification to interfere with the order made by the Tribunal, particularly when the events had taken place as early as in 1988 when the recruitment were completed.
Decision: The appeal stands dismissed.
Submitted by:- SHUBHANGI GUPTA.
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