ARUN KUMAR DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) There is an Institute called as "Wildlife Institute of India" (hereinafter would be referred to be as an "Institute"), which is admittedly created under the Societies Registration Act; but the mode and manner and its deep and pervasive control which is being exercised by the Government of India, hence it has been held out to be a State within the scope of Article 12 of the Constitution of India. In order to regulate the services of its employees, the Institute in pursuance to the directives which were referred to by the respondent'scounsel was pertaining to 1986, which intended to propagate the mother tongue i.e. "Hindi", keeping that in mind they had, he argues that the Institute has framed the service rules and decided to appoint Hindi "Translators", which has been called as "The Recruitment Rules of Scientific and Administrative Services Wildlife Institute of India" (hereinafter to be called as "Rules of 1986"). The said rules contains various classifications of posts and its modalities of recruitment, qualification which has been contained under Sec. 5 and the various categories of the post be held and the same has been classified into O1, O2, O3, O4 and O5 categories of employees and henceforth.

(2.) Before venturing to the factual aspects of the matter, it becomes necessary for the Court to deal with the rules on which the argument has been extended by the learned counsel for the respondent. It is not in controversy that as per table V-0 (Annexure 1 to the writ petition), it provides with the various group of posts, the minimum qualification which a candidate is required to hold to make him eligible, the age slab in which the employee should fall and the mode of its recruitment.

(3.) This Court at this stage is straightaway considering the criteria of appointment which is contemplated under rules for posts falling under O3 group or cadre of post which is the bone of contention of the present writ petition and is in controversy. The O3 cadre post is inclusive in it the post of Hindi Translators. It would not be out of place to mention that it has been an argument as extended by the learned counsel for the respondent that the inclusion of the post of Hindi Translator into O3 level post was to meet the spirit and the purpose as enunciated by the Government of India in its letter dtd. 14/1/1985 to promote the mother tongue Hindi for which post was created.