ORDER

This special leave petition has been filed against the order of the Administrative Tribunal, Hyderabad dated March 28, 1995 made in O.A. No. 81344/90 . It is the case of the petitioner that he had the requisite qualification for promotion as a Senior Scientific Officer. But he was unduly denied of his right for consideration for promotion from Junior Scientific Officer. Mr. L.N. Rao, the learned counsel, contends that Rule 4(b) of the A.P. Institute of Preventive Medicine Service Ad hoc Rules to the post of Chief Public Analyst, Senior and Junior Scientific Officers, issued in G.O. Ms. No. 219 Health Medical & Family Welfare, dated March 26, 1987 is ultra vires of the power. Once the petitioner acquired postgraduate qualification, the insistence of 5 years service after the acquisition of the post-graduation is not warranted. In support thereof, he placed reliance on a judgment of this Court in Sheshrao Janglujibagde v. Bhaiyya1.

Rule 4(b) reads thus :

"Must have not less than 5 years experience as Post-Graduate in the analysis of Food under the control of Chief Public Analyst/ Government Analyst who is appointed under the prevention of Food Adulteration Act, 1954."

2. In view of