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1998 Supreme(AP) 265
Andhra Pradesh High Court
Judges : N.Y.HANUMANTHAPPA, V.RAJAGOPALA REDDY
N.B.Ramesh - Appellant
Versus
B.Krishna Reddy - Respondent
Decided On : 04-10-98
Headnote:
A. P. Water (Prevention and Control of Pollution) Act, 1974 - Section 64 - Provisions of Water (Prevention and Control of Pollution) Rules, 1976 - Rules 4 and 14 -Constitution of India,1950 – Article 73 - Andhra Pradesh Pollution Control Board- Appoint him as Senior Environmental Scientist - Challenging - Illegal and void - A. P. Pollution Control Board hereinafter referred to as " Board" is an authority of State constituted under provisions of A. P. Water Act, 1974 hereinafter referred to as " Act - Service conditions of employees of Board are governed by provisions of Water Rules, 1976 hereinafter referred to as " Rules" - Rules have been framed by State of Andhra Pradesh by exercising its powers under provisions of Section 64 of Act - Rule 4 of Rules envisages that no person shall be eligible for appointment to any category in service unless he possesses qualifications prescribed - Rule 14 of Rules envisages that no member of a service shall be eligible for promotion from category in which he was appointed to service unless he has satisfactorily completed his probation in that category and has passed such tests as may be prescribed by Board and all promotions in service shall be made on grounds of merit and ability seniority being considered only where merit and ability are approximately equal - Mode of recruitment and qualification for post of Junior Scientific Officer and Senior Scientific Officer are extracted herein As per Said recruitment rules - For post of Junior Scientific Officer by way of direct recruitment one must possess a Master degree in Chemistry/bio-Chemistry or Biology of Environmental Sciences of a recognised University - For same post by way of promotion one must possess same qualification that is prescribed for direct recruitment and in addition one must have served as Analyst Grade for not less than three years - Whether to accept recommendation of Departmental Promotion Committee and/or representation of respondent herein namely writ petitioner and decide same by giving reasons on all matters - Held, That qualifications mentioned in advertisement for a particular post shall alone be qualification and any deviation amounts to arbitrariness and even fraud on public and single Judge observed that principle applies to case of petitioner - Single Judge found that there is no variation in qualification and as such same should have been adhered to strictly while making appointments cither by way of direct recruitment or by promotions - Another mistake single Judge pointed out is that selection of respondent was not by Board but by Chairman - On other hand matter should have been placed before Board for its decision - Observing learned single Judge allowed the writ petition - Aggrieved by this these two writ appeals have been filed - Contention of appellant that qualification now required is only M. Sc. of a recognised University in specified subjects and only a person with this minimum qualification was eligible for appointment is not without force - It is also significant to note that unlike Resolution a person having a Diploma equivalent to M. Sc. is not qualified to apply - A person with a Diploma in AIC cannot apply for post - Court direct High Court to examine this mater afresh and pass a fresh order in accordance with law - Impugned judgment under appeal is set aside - Status quo will be maintained till High Court decides matter - High Court will decide case finally as expeditiousiy as possible - Court have to deal with another writ petition filed by namely in whose favour there was recommendation to appoint him as Senior Environment Scientist - He filed this writ petition seeking a writ of Mandamus declaring action of respondents in not considering Associateship Diploma in Institution of Chemists obtained by Examination on par with M. Sc. for recruitment and promotion of various posts for which M. Sc. is prescribed as a requisite qualification as arbitrary illegal and violative of Articles 14 and 16 of Constitution of India and for a consequential direction to respondents to treat Associate ship Diploma of Institution of Chemists on par with M. Sc. Chemistry and consider persons possessing said qualification for promotion to posts for which M. Sc. Chemistry is one of requisite qualifications - Writ Petition Disposed
( 2 ) WRIT Appeal No. 1298/96 is filed by one Mr. N. B. Ramesh who was the 2nd respondent in W. P. No. 18596/96 and Writ Appeal No. 1300/96 is filed by the A. P. Pollution Control Board, the 1st respondent in W. P. No. 18596/96. W. P. No. 17961/97 is filed by N. B. Ramesh seeking a direction to the respondents therein to treat the diploma in AIC on par with M. Sc. Chemistry. Since both the writ appeals are directed against the single Judge order and the point involved in W. P. No. 17961/97 is also the subject-matter of the writ appeals, they are clubbed, heard together and disposed of by a common order.
( 3 ) A few facts which are necessary to dispose of these matters are as follows :- The A. P. Pollution Control Board, Hyderabad, hereinafter referred to as "the Board" is an authority of the State constituted under the provisions of the A. P. Water (Prevention and Control of Pollution) Act, 1974, hereinafter referred to as "the Act . The service conditions of the employees of the Board are governed by the provisions of the Water (Prevention and Control of Pollution) Rules, 1976, hereinafter referred to as "the Rules". The Rules have been framed by the State of Andhra Pradesh by exercising its powers under the provisions of Section 64 of the Act. Rule 4 of the Rules envisages that no person shall be eligible for appointment to any category in the service unless he possesses the qualifications prescribed. Rule 14 of the Rules envisages that no member of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category and has passed such tests as may be prescribed by the Board and all promotions in the service shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal. The mode of recruitment and qualification for the post of Junior Scientific Officer and the Senior Scientific Officer are extracted herein : As per the said recruitment rules. For the post of Junior Scientific Officer by way of direct recruitment one must possess a Master degree in Chemistry/bio-Chemistry or Biology of Environmental Sciences of a recognised University. For the same post by way of promotion one must possess the same qualification that is prescribed for direct recruitment and in addition, one must have served as Analyst Grade I for not less than three years. For the post of Scientific Officer (Senior Environmental Scientist) both by way of direct recruitment and by promotion one must possess the same qualification as prescribed for the post of Junior Scientific Officer. In addition, one must have served as Junior Chemist for not less than ten years in the case of direct recruitment and 5 years in the case of promotion.
( 4 ) THE case of the petitioner in W. P. No. 18595/96 namely B. Krishna Reddy was that though he is fully qualified for promotion to the post of Senior Environmental Scientist, the Board considered the case of the 2nd respondent Mr. N. B. Ramesh who is less qualified. Thus he sought to declare the Board s proceedings No. 208/appcb/estt/ E-4/96-2084, dated 31-8-1996 promoting the 2nd respondent as Senior Environmental Scientist as illegal and void and requests the Court to direct the Board to appoint him as Senior Environmental Scientist in the place of the 2nd respondent. According to the petitioner, as on the date of promotion of the 2nd respondent, the petitioner was working as Junior Scientific Officer in the Board. Regarding his qualifications, he possessed M. Sc. degree in first class in Botany Specialisation in Ecological Studies (Hydro-Biology and Limnolog
