SHRIPAD GAWAS Vs. STATE OF GOA

JUDGEMENT

(1.) THIS Writ Petition has been placed before the Full Bench in view of the order of reference dated 30th September, 2010 passed by the Division Bench of this Court. The reference arises in the context of the Government of Goa, Directorate of Health Services, Group C, Non - Ministerial, Non -Gazetted Posts, Recruitment Rules, 1990 (for short, "the Recruitment Rules").

(2.) THE Rules are made in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. The posts are mentioned in the Schedule to the Recruitment Rules. Rule 3 provides that the method of recruitment to the posts, age limit, qualifications and other matters connected therewith shall be as specified in Columns 5 to 13. Rule 5 confers power on the Government to relax any provisions of the Recruitment Rules with respect to any class or category of persons.

(3.) IN short, the controversy giving rise to the present reference is interpretation of Column 8 of the Schedule. While it provides that the age limit prescribed for the direct recruits not exceeding 35 years would not apply in the case of promotees, educational qualifications prescribed for direct recruits would apply to the promotees. The column is silent on the question whether "other qualifications" applicable to direct recruits (successful completion of Sanitary Inspectors Course and knowledge of Konkani/Marathi) would also apply to the promotees or not.