(1.) The interpretation of Rule 3 of the Maharashtra Ground Water Service, Class 1 (Recruitment) Rules, 1976 (hereinafter called 'the rule') arises for consideration in these appeals. That Rule related to the appointment to the post of a Deputy Director in Maharashtra Ground Water Service, Class 1 and the relevant portions of it as it stood in 1983 read as follows:
(2.) We are now concerned with the case of promotion from amongst the Senior Geologists under sub-clause (a) of R. 3(1) of the Rules.
(3.) The appellant herein joined in the Agricultural Department of the State sometime in the year 1993 and at that time he possessed the qualification of B.Sc. with Geology as a principal subject. He was promoted as Senior Geologist on 25-6-1979. He passed his M.Sc. (Geology) in 1982 with first class and he was also first in the Nagpur University in the subject of Pure Geology. He is also the senior-most in the seniority list of Senior Geologists. He was also holding the additional charge as Deputy Director from 16-6-1982 for quite some time. The Maharashtra Public Service Commission by the notification dated 21st May, 1983 called applications for direct recruitment to the post of Deputy Director in the Ground Water Survey and Development Agency, which is gover,ied by R. 3(1)(c) of the Rules. In regard to the qualification for appointment the advertisement stated: