Judgment

SIKRI, C.J.I. :- In this petition under Art. 32 of the Constitution 17 petitioners complain that they had been discriminated against by the Govt. in violation of their fundamental rights under Arts. 14 and 16 of the Constitution. The relevant facts are these.

2. The petitioners are employed with the Forest Research Institute and Colleges, Dehra Dun. This Institute is a department of the Government of India, Ministry of Food and Agricultural. The petitioners are Research Assistants and fall within Class III of the Non-Gazetted Technical Posts. It is alleged that the qualifications prescribed for recruitment to the post of Research Assistant Grade II are Bachelor s Degree in Science (B.Sc.) and B. A. or B.Sc. with Mathematics and knowledge of statistics for computers.

3. On August 21, 1957 the Government of India set up a Commission of Enquiry, hereinafter referred to as the Second Pay Commission, to enquire into the emoluments and conditions of service of the Central Government employees. The terms of reference of the Commission were :

(i) examine the principles which should govern the structure of emoluments and conditions of service of the Central Government employees;

(ii) co