IMPORTANT POINT
When the Tribunal has found that for the promotional post of Scientist-SD the qualifications necessary is M.Sc. 1st Class or Ph.D. which is a matter of policy and that age relaxation in respect of appellant could have been considered only in the event they had made appropriate applications, the same cannot be interfered in appeal, particularly when events had taken place as early as 1988 when the process of selection is completed as per advertisement.

Headnote:Zoological Survey of India (Central Service Class I and Class II Posts) Recruitment Rules, 1963 as amended from time to time-Amendment of 1987-Advertisement dated 4-2-1988 to fill up promotional post of Scientist-SD stating that essential qualifications as First Class Master s Degree in Zoology with 5 years experience or Doctorate in Zoology-Age limit mentioned therein was relaxable upto 5 years in respect of Government Servants-Representation that qualification and age limit ought to have been extended to the appellants in terms of recruitment rules as in force in 1963 i.e. simple Master Degree in Zoology and sought for quashing of relevant 1987 recruitment rules as arbitrary and discriminatary-Tribunal rejecting on ground that it cannot interfere in policy matter-Representation is belated one after process of selection is completed and no proper application has been made by appropriate authority for age relaxation-Appeal against to Supreme Court-Whether Tribunal was right? (Yes)-Appeal dismissed.
       Held : The learned counsel for the appellants except to reiterate the arguments advanced before the Tribunal did not advance any new argument. In the circumstances when the Tribunal has found that the qualification necessary for the post of Scientist-SD is M.Sc. 1st Class or Doctorate in Zoology and that the age relaxation in respect of the appellants could have been considered only in the event if they had made appropriate applications, we hardly find any justification to interfere with the order made by the Tribunal, particularly when the events had taken place as early as in 1988 when the recruitment were completed. (Para 6)
       Held consequently : In that view of the matter, we decline to interfere with the order made by the Tribunal and this appeal shall stand dismissed. No costs. (Para 7)

JUDGMENT

Rajendra Babu, J.-The appellants before us are serving in the Zoological Survey of India under the control of the Ministry of Environment and Forests. Most of them were appointed as Assistant Zoologists by direct recruitment and some of them were promoted to the post of Assistant Zoologist under the Zoological Survey of India (Central Service Class I and Class II posts) Recruitment Rules, 1963, as amended from time to time. They contended that they were governed by the Recruitment Rules, which prescribed only the Master s degree in Zoology as essential qualification for the post of Assistant Zoologist and experience relating to the posts above that of the Assistant Zoologist would be Scientist-B and so on. Annexure-II to the Recruitment Rules provides the norms for recruitment to the scientific posts as under :

SC SD SE SF SG G H Rs. 2200 Rs. 3000 Rs. 3700 Rs. 4500 Rs. 5100 Rs. 5900 Rs. 5900 -75-2800- -100- -125- -150- -150- 200-6700 -200- EB-100- 3500- 4700- 5700- 5700- 7300 4000 125- 150- 200- 4500 5000 6300

Master s degree Fresh +5 +10 in Science or equivalent

Bachelor s degree Fresh +5 +10 in engineering, technology or equivalent

M.B.B.S. or Fresh +5 +10 equivalen

Doctorate in - Fresh +5 Science, technology or engineering.

Notes :

1. Direct recruits may be given in deserving cases so recorded by the Selection/Departmental Recruitment Committee a higher initial start than the minimum of the scale to which they are appointed. However, such an initial start shall not exceed five advance increments over the minimum of the sale.

2. +5, +10 denote minimum number of years of experience required in addition to basic educational qualifications.

3. Specific disciplines for educational qualifications will be decided at the time of filing up of a post based on the job requirements.

4. For direct recruitment for the posts of Scientist SF and above, the basic educational qualifications necessary is M.Sc. 1st Class or Ph.D. which is a matter of policy and that age relaxation in respect of appellant could have been considered only in the event they had made appropriate applications, the same cannot be interfered in appeal, particularly when events had taken place as early as 1988 when the process of selection is completed as per advertisement.

JUDGMENT

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