K L MANARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution by one Dr. K. L. Manaria for an appropriate writ, direction or order. He has sought a two-fold relief: (1) for ousting Shri R. C. Sharma, respondent No. 3, from the post of Assistant Director, Chemical Section, Police Forensic Science Laboratory on the ground that he was not qualified to hold the post, and (2) for a direction against the respondent State to appoint the petitioner on the post of Assistant Director.

(2.) ON 25-8 69, the Rajasthan Public Service Commission, Ajmer, issued advertisement No. 7 inviting applications, inter alia, for the post of an Assistant Director ( Chemical Section ) for the Directorate of Police Forensic Science Laboratory. The qualifications prescribed were: (a) M. Sc. II Division in Chemistry (b) should have 2-3 years' research experience. Pay: 700-40-1100-50-1200. Age on 14-10-1969: Mini-mum 16 years and maximum 35 years. (16 seem to be a mistake for some other figure regarding age, because it is not understandable that a person of 16 would be a M. Sc. in the II Division with a Research experience of 2-3 years, but what was the minimum age in the advertisement is immaterial ).

(3.) I have heard learned counsel for the parties at sufficient length. Learned counsel for the petitioner contends that what the petitioner had done in the Archaeological Department cannot be characterised by accepted cannons to be a research work so as to qualify him for the post and further, according to the learned counsel, there was nothing to show that the research work had been done for 2 to 3 years. Learned counsel referred me to various dictionaries and books on the subject of Chemistry and Industrial Research for showing as to what is conveyed by the word "research". Learned counsel argued that the respondents had not stated that any papers were placed by respondent No. 3 before the Public Service Commission at the time of interview beyond Dr. Satya Prakash's certificate and that apart whatever material he has now placed before the Court either in the shape of an affidavit or the published material will hardly make out any case of research.