MRITHYUNJAYA Vs. EXPORT INSPECTION COUNCIL

JUDGEMENT

(1.) The petitioners who were at the time of the filing of the writ petition Laboratory Assistant, Grade I, Export Inspection Agency, have come up to this Court with this writ petition under Art.226 of the Constitution for the issue of a writ of mandamus directing the respondent', the Export Inspection Council, represented by its Chairman, the Senior Additional Director (A. and A.) Export Inspection Council of India, New Delhi and the Deputy Chief Executive Export Inspection Agency, Cochin to fill up the existing vacancies in the cadre of Junior Scientific Assistant by making promotions from among the Laboratory Assistant, Grade I, with two years experience in the grade to the extent of 25 per cent earmarked for appointment by promotion under the Recruitment Rules, marked as Ext. R1 and produced along with the counter affidavit filed on behalf of respondents 1 to 3.

(2.) The rules in Ext. R1 relating to recruitment to certain categories which are relevant for the purpose of this writ petition may be noticed. R.5 deals with method of recruitment, age limit and other qualifications. That rule begins with the following sentence:

(3.) The bone of contention in the writ petition falls within a very narrow compass. The outcome of the writ petition centres round the decision on the question as to whether to be eligible for appointment by promotion to the 25 per cent reserved in that behalf, for post No. 13 (Junior Scientific Assistant), in the schedule the personnel like the petitioners not only should possess the service qualifications mentioned in column 6 of the schedule, but also the educational qualifications mentioned in column 4 thereof (namely degree in science / Diploma in Engineering / Technology or equivalent). The contention of the respondents is that it is only Laboratory Assistant, Grade I, who are Seniors in that cadre having not only the service qualification mentioned in column 6, but also the educational qualifications prescribed in column 4 against Post No. 13, that could be promoted to the Post of Junior Scientific Assistant against the quota of 25 per cent of the post reserved for appointment by promotion. On the other hand, the stand of the petitioners is that for appointment to the cadre of Junior Scientific Assistant against the quota of 25 per cent reserved for the service hands seniority and fitness alone would be the criteria, qualifications for recruitment prescribed in column 4 having no relevance at all.