JUDGMENT

Dalveer Bhandari, J. —

1. This appeal emanates from the judgment and order of the Division Bench of the High Court of Karnataka at Bangalore delivered in Writ Petition No. 19516 of 2004.

2. Brief facts which are relevant to dispose of this appeal are recapitulated as under:

3. The controversy in this appeal pertains to the promotion to the post of Principal Scientist under the “Career Advancement Scheme” formulated by the Indian Council for Agricultural Research (hereinafter referred to as `ICAR’). There are two streams from which selections are made to the post of Principal Scientist: (i) Direct recruitment; and (ii) Promotion from the post of Senior Scientist on the basis of personal merit.

4. The ICAR had formulated the “Career Advancement Scheme” in consultation with the Department of Personnel & Training and Ministry of Finance, Government of India laying down guidelines for promotion of a Scientist from one grade to another in the Agricultural Research Services (ARS) cadre, which were made effective from 27.7.1998. The promotion of scientist to the next higher grade (Principal Scientist) is independent of the occurrence of vacancies and is based only when the applicant secures the requisite merit.

5. The procedure for promotion to the post of Principal Scientist is contained in Para 2.4 of the Career Advancement Scheme. The relevant rule is set out as under:

“In addition to the sanctioned posts of Principal Scientists as per cadre strength already fixed, which is to be filled through direct recruitment through All India advertisement, promotions will be made from posts of Senior Scientist to the posts of Principal Scientists after 8 years of service as Senior Scientist. This promotion will be personal to the Scientist who is promoted.

A senior Scientist will be promoted to the post of Principal Scientist if he/she:

i. has completed 8 years of service; and

ii. he/she presents himself/herself before the Selection Committee constituted by ASRB with some of the following:

a) Self appraisal reports (required).

b) Research contribution/books/ articles/ research papers published.

c) Any other academic contributions. The best three written contributions of the Sr. Scientist (as defined by him/her) may be sent in advance to the experts to review before coming for the selection. The candidate should be asked to submit these in 3 sets with the application.

d) Seminars / conferences attended.

e) Contribution to teaching/academic environment/institutional corporate life.

f) Extensions and filed outreach activities.”

6. A Selection Committee was constituted under the Career Advancement Scheme for considering eligibility of applicants for promotion from the post of Senior Scientist to Principal Scientist. The Selection Committee consisted of a Chairman, Agricultural Scientists Recruitment Board (hereinafter referred to as “ASRB”), Director General, ICAR or his nominee, three experts and the Director of the Institute of the applicant. For different disciplines, different Selection Committees were constituted with three experts from the relevant discipline so that the merit of the applicant could be comprehensively and accurately assessed. The said Selection Committee allocated marks for the assessment procedure for promotion as under:-

Research Publication/Achievement 30 marks Recommendation of Superiors 20 marks Personal Interview 50 marks

7. The minimum required marks to qualify for promotion to the post of Principal Scientist was 60 marks out of 100 marks. The candidates were accordingly assessed and the recommendation for promotion or otherwise was submitted to the Minister of Agriculture for his approval in his capacity as the President of ICAR.

8. The respondent is a Senior Scientist in the service of the ICAR at the National Research Centre for Cashew at Puttur, Karnataka. Upon the respondent submitting information as per the prescribed assessment proforma, the ASRB addressed a letter to the Respondent calling upon him to presen