ASSOCIATION OF SCIENTISTS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant petition under Article 226 of the Constitution, the petitioner, which is an Association of Scientists, Gujarat Engineering Research Institute, has prayed to issue a writ of certiorari or any other appropriate writ or order declaring Rule 2 of the Senior Scientific Assistant Irrigation Department Recruitment Rules, 1984 as ultra vires, and offending Articles 14 and 16 of the Constitution because no quota is laid down for the two sources, i.e. direct recruits and promotees, while making appointment to the post of Senior Scientific Assistant in the research cadre of Irrigation Department.

(2.) The Court has heard Mrs.Sangita Pahwa, the learned advocate appearing for Mr.P.M.Thakker, learned counsel of the petitioners, and Mr.Amit Kotak, the learned Assistant Government Pleader appearing for the respondents, at length and considered the documents forming part of the petition including affidavit-in-reply filed by Mr.B.N. Gandhi, the then Deputy Director, Gujarat Engineering Research Institute, Baroda, on behalf of the respondent no.2.

(3.) It may be stated that the Governor of Gujarat has made the Senior Scientific Assistant Irrigation Department Recruitment Rules, 1984 ("the Rules" for short) in exercise of powers conferred by the proviso to Article 309 of the Constitution. The only contention that there are no guidelines as regards quota or ratio of promotees and direct recruits for appointment to the post of Senior Scientific Assistant in the research cadre of Irrigation Department and, therefore, Rule 2 of the Senior Scientific Recruitment Rules, 1984 should be regarded as arbitrary and violative of Articles 14 and 16 of the Constitution cannot be accepted in view of the decision of Division Bench of this Court in Gujarat Food and Drugs Control Administration Gazetted Officers Association, Gandhinagar vs. State of Gujarat and Another, 1990 (2) G.L.R. 900. In that case, the post of Joint Commissioner, Gujarat Drugs Service, Class-I, was advertised and applications for the said post were invited. The proposed appointment to the post of Joint Commissioner, Gujarat Drugs Service, Class-I, was challenged by the petitioner by filing a petition under Article 226 of the Constitution on the ground that there were no guidelines as regards the quota or ratio of promotees and direct recruits for the appointment to the post of Joint Commissioner and, therefore, Rule 2 of the Joint Director (Administration) Drugs Control Administration (Recruitment) Rules, 1972 providing for appointment by direct selection should be regarded as arbitrary and violative of Articles 14 and 16 of the Constitution. The Division Bench of this Court negatived the said contention in the following terms.