J KEDARESWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE 2nd respondent - Salar Jung Museum - is managed by the Salar Jung museum Board (for short, 'the Board') established under Section 4 of the Salar jung Museum Act, 1961 (for short, 'the Act' ). Section 12 (1) of the Act empowers the Board to appoint such number of officers and other employees as it may think fit for the purpose of enabling it efficiently to perform its functions under the Act. Section 12 (2) of the Act further provides that the recruitment and conditions of such officers and employees shall be such as may be provided by Regulations made under the Act. Under Section 28 of the Act, the Board is empowered to make Regulations with the previous approval of the central Government by notification in the Official Gazette for enabling it to discharge its functions under the Act. In exercise of the said powers, regulations have been made by the Board in the year 1962 governing the recruitment and Conditions of Service of Officers and the Employees of the board. Regulation 8 (3) of the said Regulations empowers the Board to make rules with regard to recruitment and to set out the qualifications and other ancillary provisions. As per the Rules so made by the Board, the post of the director of the Museum can be filled up by direct recruitment and the qualifications required are also prescribed in the Rules.

(2.) ON the retirement of the Director, Salar Jung Museum on 31. 5. 2008, a vacancy arose to the said post and for filling up the same, the 2nd respondent published a notification on 5. 4. 2008 inviting applications from the eligible candidates.

(3.) THE educational and other qualifications required for the said post have been specified as under :