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 recognised by Government to be equivalent thereto, and

(iii) have practical experience in the field of (a) carrying out systematic hydro geological surveys in ingeneous sedimentary and metamorphic terrains, (b) ground-water exploration and assessment by drilling and testing and (c) processing, interpretation of field data and in preparing and editing technical reports for a total period of ten years out of which three years, experience shall be in organising, supervising and guiding field units."

2. We are now concerned with the case of promotion from amongst the Senior Geologists under sub-clause (a) of R. 3(1) of the Rules.

3. The appellant herein joined in the Agricultural Department of the State sometime in the year 1993 and at that time he possessed the qualification of B.Sc. with Geology as a principal subject. He was promoted as Senior Geologist on 25-6-1979. He passed his M.Sc. (Geology) in 1982 with first class and he was also first in the Nagpur University in the subject of Pure Geology. He is also the senior-most in the seniority list of Senior Geologists. He was also holding the additional charge as Deputy Director from 16-6-1982 for quite some time. The Maharashtra Public Service Commission by the notification dated 21st May, 1983 called applications for direct recruitment to the post of Deputy Director in the Ground Water Survey and Development Agency, which is gover,ied by R. 3(1)(c) of the Rules. In regard to the qualification for appointment the advertisement stated:

"4. Qualification: Candidates must possess

i) A post-graduate degree in Geology or Applied Geology of a recognised University or Diploma in Applied Geology of the Indian School of Mines, Dhanbad or any qualification recognised by Govt. to be equivalent thereto;

ii) 10 years practical experience in the field of

a) Carrying out systematic hydrological surveys in igeneous sedimentary and metamorphic terrains,

b) Ground Water exploration and assessment by drilling and testing and -

c) Processing, interpretation of field data and in preparing and editing technical reports, of which three years experience shall be in organising supervising and guiding field units.

N.B. (1) The academic qualifications and experience acquired up to the last date prescribed for receipt of applications alone will be taken into account in determining the eligibility of candidates for the posts and for selecting them for the interview.

(2) Academic qualification shall be deemed to have been acquired on the date on which the result of the relevant examination is declared by the competent authority.

(3) Experience acquired after obtaining the prescribed academic qualifications only will be taken into account."

The appellant applied to the Service Commission but he was not called for an interview on the ground th