CHANDINI Vs. UNION OF INDIA

JUDGEMENT

(1.) The question for consideration is whether the Central Government, while sanctioning the Regulations made by the Coconut Development Board under sub-s.(1) of S.20 of the Coconut Development Board Act 1979, has the power to modify the regulations. The question arises out of the facts stated in the next paragraph.

(2.) The petitioner is employed as Sub Editor under the Coconut Development Board-hereinafter referred to as "the Board" since 1979 or thereabout. On 5-1-1983 the Board constituted a Hindi Cell in its establishment for the purpose of implementing various schemes to propagate Hindi language in connection with the coconut development. The petitioner is a graduate in Hindi, and holds a Master's degree in Hindi with Diploma in Journalism and a Post-graduate Diploma in Hindi Translation from Dakshina Bharatha Hindi Prachara Sabha, Cochin. The respondent No.4 is officiating as Sub Editor (Hindi) from 13-2-1993. This post, created in Patna, was transferred to Cochin on 14-2-1989. The promotion to the post of Hindi Officer is from the category of Sub Editors. The Respondent No.4 who is officiating in the position of Sub Editor (Hindi) filed O.P.6772/92 challenging the promotion of the petitioner on ad-hoc basis to the post of Hindi Officer. In that Original Petition the Board was directed to take final decision on the question whether the "feeder category for promotion to Hindi Officer was restricted to Sub Editor (Hindi) or not". The Board did decide as directed by this court and made Regulations known as Coconut Development Board (Hindi Officer) Recruitment Regulation.1993. Under the Regulations the method of recruitment is "promotion, failing which by transfer on deputation and failing both by direct recruitment". In the case of appointment by promotion the qualifying feeder category prescribed was that the candidate must hold the office of "Sub Editor". The Regulations were submitted to the Central Government for its sanction under sub-s.(1) of S.20 of the Act. The Central Government sanctioned and published the Regulations by the Notification No.GSR 706 dated 12th November 1993 (Ext. P9 to the petition). But it introduced the bracketed word (Hindi) after "Sub Editor". By reason of this modification "Sub Editors (Hindi)", alone qualified for promotion. The Sub Editors possessing the prescribed educational qualifications and experience were eliminated from the feeder category. The petitioner is one of them.

(3.) The petitioner contends that the authority to make regulations belongs to the Board, although the regulations have to be made with the previous sanction of the Central Government. He urges that the Central Government has no authority to modify or alter them.