V K SOOD Vs. SECRETARY CIVIL AVIATION

JUDGEMENT

(1.) Special leave granted.

(2.) In response to the advertisement No. 33 dated August 19, 1989 the appellant had applied for recruitment to the post of Examiner of Personnel in the Department of Civil Aviation. He was unsuccessful in the selection. He later on challenged paras 3(i) and 3(ii) of the advertisement on the ground that the qualifications prescribed are discriminatory and were tailor made. He also contends that in 1969, for the said post the qualifications prescribed were 1st Class British or Indian Navigator or a British Flight Navigator licence with not less than 100 hours of air experience. The method of recruitment was direct recruitment and the age prescribed was 45 years relaxable to Government Servants. He claims that he is having the First Class licence with 100 hours of air navigation experience. With a view to deprive him of the chance, the offending rules have been amended in 1978 substituting 300 hours of instructional flying and experience of not less than 2500 hours as Flight Navigator with category A and endorsement to fly VIPs and VVIPs on all routes in I.A.F. air crafts or should hold or have held an Indian Flight Navigator Licence. According to him this rule was made with a view to deprive him of his chance. The Delhi High Court dismissed the writ petition summarily. To appreciate the contention, it is necessary to read the rules. As per the 1969 rules which are statutory made under proviso to Art. 309 of the Constitution, the method of recruitment with qualification prescribed thereafter are thus:

(3.) It is not in dispute that these rules have been made by the President exercising the power under Proviso to Art. 309 of the Constitution which read thus: