CHANDRA SEKHAR SEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is an employee of Bureau of Indian Standards (earlier known as Indian Standard Institution). He joined the Bureau on 11.1.74 as Assistant Director (Printing-cum-Production). He was promoted as Deputy Director on 30.5.1985. He is holding the post of Director (Admn.) on ad-hoc basis, to which post he was promoted vide Memorandum dated 3.9.1993. He is aspiring to become Director (Admn.) on regular basis. Controversy revolves round his eligibility to be considered for this post. To appreciate this controversy, let us first scan through relevant facts in little detail and the background under which this controversy has arisen.

(2.) In the year 1986, Bureau of Indian Standard (BIS in short) was established by enacting Bureau of Indian Standards Act, 1986. All the employees of erstwhile Indian Standards Institution came under the administrative control of BIS. Thereafter Executive Committee of the BIS, with previous approval of the Central Government, and in exercise of power conferred under Section 38 of the his Act, 1986 made Regulation called the Bureau of Indian Standards (Recruitment to Administration, Finance and Other Post) Regulation, 1988 (hereinafter called the Regulation of 1988) which were notified vide Notification dated 15.1.1988. Some amendments were made in these Regulations vide Notification dated 22.8.1990 (hereinafter referred to as Amended Regulations, 1990). As per the amended Regulation, the Educational and other qualifications required for the post of Director (Admn.) by way of Direct Recruitment were as under:-

(3.) In case of recruitment by promotion/reputation grades from which promotion/deputation to be made, the eligibility was prescribed as under:-