JUDGMENT

V. RAMASWAMI, J.:— The interpretation of Rule 3 of the Maharashtra Ground Water Service, Class 1 (Recruitment) Rules, 1976 (hereinafter called the rule) arises for consideration in these appeals. That Rule related to the appointment to the post of a Deputy Director in Maharashtra Ground Water Service, Class 1 and the relevant portions of it as it stood in 1983 read as follows :

"3.(1) Appointment to the post of a Deputy Director in the Maharashtra Ground Water Service, Class I shall be made either -

(a) by promotion from amongst Senior Geologists in the Ground Water Surveys and Development Agency of Government, possessing the qualifications mentioned in subclauses (ii) and (iii) of Cl. (c) of this sub-rule;

(b) by transfer of a suitable officer from the Department of Geology and Mining of Government;

(c) by nomination from amongst the candidates who

(i) unless already in the service of Government are not more than 45 years of age on the first day of the month in which the post is advertised, and

(ii) possess a post-graduate degree in Geology or Applied Geology of a recognised University or Diploma in Applied Geology of the Indian School of Mine, Dhanbad, or any qualifications re