NISHIT KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein is an employee in the Defence Research and Development Organization (DRDO) which comes under the Ministry of Defence. He joined as Scientist grade ,,B in DRDO w.e.f. 24th April, 1987. THE petitioner was promoted as Scientist grade ,,C w.e.f. 1st July, 1993. Next promotion is to the post of Scientist grade ,,D. THEse promotions are governed by the recruitment rules called ,,Defence Research and Development Service Rules, 1979. Rule 6 of these Rules deals with the method of recruitment and, inter alia, stipulates the method of promotion as well as direct recruitment. Rule 7 of the aforesaid Rules deals with the initial constitution of service. We are here concerned with Rule 8. Before the amendment to this Rule in 1996, the relevant portion of the same read as under:-

(2.) THE aforesaid rule was framed by the President in exercise of his power under proviso to Article 309 of the Constitution of India.

(3.) HE thus argued that even it is presumed that the eligibility criteria vide communication dated 25th March, 1996 was rightly changed from 60% to 80%, the same was to be operated prospectively and thus could not relate back to the year 1993 to 1995. To put it otherwise, his submission was that for the purposes of eligibility, for the years 1993, 1994 and 1995, the eligibility criteria to be taken was 60% and in respect of 1996 and 1997 it could be 80%. It was argued that in these two years, i.e. 1996 and 1997, the petitioner had secured 80% or above marks and for the years 1993,1994, and 1995 he had secured more than 60% marks. HE was thus eligible for consideration to the post of Scientist ,,D and should have been called for interview on this ground as well.