JUDGMENT:

S.B. SINHA, J :

1. Leave granted.

2. The Parliament of India enacted the Major Port Trusts Act, 1963 (for short the 1963 Act). It was preceded by several provincial Acts; one of them being the Madras Outports Landing and Shipping Fees Act, 1885. Regulations were framed under the provincial Acts. They were saved under the 1963 Act.

3. The Madras Port Trust Employees (Appointment, Promotion, etc.) Regulations, 1977 was made under Section 28 of the 1963 Act. It was amended in the year 2000 by the Madras Port Trust Employees (Appointment, Promotion, etc.) Regulation 2000. Regulation 5 read with Schedule thereof provides that insofar as the appointment to the post of Executive Engineer is concerned, possession of a degree in Civil Engineering is imperative. It was amended with the approval of the Central Government in terms of Sub-section (1) of Section 124 of the 1963 Act. Regulations, therefore, have statutory force. They have been duly published in the Gazettee. Not only approval of the Central Government was obtained, they were also laid before both Houses of the Parliament.

4. Some of the employees were Diploma holders