( 1 ) THE petitioners working under the Directorate General of Quality Assurance and holding the post of Junior Scientific Officers, a Class 2 post on the date the petition was filed, seek a direction that the amendment in the rules which provide that Junior Scientific Officers (Promotees) in order to hold the post of Senior Scientific Officers 2 should have a Masters Degree, be declared ultra vires. In the alternative it is claimed that since the petitioners were empanelled as Junior Scientific Officers Grade 2 they were entitled to same benefit under the Rules framed by the government as was extended to those promotees who were working on the post of Senior Scientific Officers Grade 2.

( 2 ) RELEVANT rules framed by the Ministry of Defance are known as Defense Quality Assurance Rules. 1979 Rule 8 of it provides that 50% or the posts or Senior Scientific Officers are to be filled by promotion on the basis of selectionon merit from the grade of Junior Scientific Officers. The number of posts, designation, pay and eligibility are provided by Schedule I to the Rules. The post of Senior Scientific Officer Grade II is mentioned at Serial No. 6. The entry is reproduced below:a Junior Sc