HERCULANO GIL SOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) The three petitioners are presently employed as Station Fire Officers at the Fire Stations at Margao, Vasco and Bicholim, under the Directorate of Fire Services.

(2.) By instituting this writ petition dtd. 7/3/2022, the petitioners seek to question notification no. 1/1/2014-PER/2816 dtd. 27/9/2018. Such notification embodies the recruitment rules (hereafter "the new R.R.", for short) that have been framed in exercise of the power conferred by the proviso to Article 309 of the Constitution of India in supersession of notification no.1/2/82-PER (Pt.I) dtd. 5/8/1997, embodying the earlier recruitment rules (hereafter "the old R.R.", for short). In terms of the new R.R., appointment by promotion to the post of Assistant Divisional Officer can be made from amongst candidates who have a degree from a recognized University in any stream. The petitioners, who are science graduates, are aggrieved by reason of the said stipulation that now a graduate of any stream would be eligible for promotional appointment on the post of Assistant Divisional Officer. It is the pleaded case of the petitioners that the requirements of the old R.R. for a degree in the science stream has been done away with, with the sole intent of allowing other persons in the department, who are otherwise not qualified for the post of Assistant Divisional Officer, to compete with the science graduates. It is their further case that since service in the Fire Department requires knowledge of chemicals and other substances, the requirement of being a science graduate was earlier imposed but the new R.R., insofar as it waives such requirement, violates Article 14 of the Constitution. It is also the case of the petitioners that the posts of Assistant Divisional Officer are vacant since 2015 and that the respondents ought to have initiated the process of appointment on promotion in accordance with the old R.R. notified on 21/8/1997. If the old R.R. were followed, the competition would have been confined only to science graduates and not to graduates of other streams. Since the vacant posts were not filled up in accordance with the old R.R. and with the introduction of the new R.R., the said vacant posts would now be filled up following the latter, in effect, the same would amount to giving the new R.R. retrospective effect. That is impermissible in law and being equally arbitrary and opposed to Article 14 of the Constitution, is liable to be interdicted.

(3.) We trace in the pleadings a case of legal mala fide in regard to framing of the new R.R. to have been set up without, however, impleading any officer of the Directorate of Fire Services as respondent by name.