The length of experience as a criterion for appointment is rational and sustainable, and the government should consider the problems of Principals of Sanskrit Colleges and evolve a reasonable provision and procedure for eligibility for the post of Additional Director.

1. The Special Rules relating to an apex appointment in the Collegiate Education Department of the State is under challenge in this writ petition. The complaint is that the rules in particular R.3(a) to the extent they exclude the Principals of Sanskrit Colleges from consideration for appointment to the post of Additional Director, contain the vice of discrimination, that the rule is inconsistent with the equality provisions of the Constitution, and is therefore bad.

2. The skeletal idea indicated in the original petition as it was filed, got a clearer shape and better form by the additives of additional affidavits. An offensive stance was clearly discernible by then. A defensive fabric was put up. It cannot be claimed that there was deft handling of the weft and warp. The yarn was one which got easily worn-out: all but one.

3. The petitioner is a Master Degree holder with a first class in Sanskrit. He has other academic distinctions too. He started his teaching career, as a lecturer in the Sanskrit College in the year 1954. He climbed up the official ladder, by becoming a II Grade Professor in 1966, a I Grade Professor in 1969 and a Principal in 1975.

4. The Special Rules for the Collegiate Education Department had been framed on 28-10-1967. The top most post was that of the Director. Appointment to that post was from among Principals of the Arts and Science Colleges, and the Training Colleges on the basis of selection. (The provision regarding the selection process appears to be a dead letter as far as the Department is concerned. To all intents and purposes, the senior-most Principal used to become the Director.)

5. The representation of the College Teachers about the stagnation at the level of Principals, apparently induced the Government to create the posts of Deputy Directors, a cadre equivalent to that of Principals. This was done by G.O.(MS) No.86/75 dated 3-6-1975. Perhaps the same objective, prompted the creation of a post of Additional Director, on 5-2-1980 by an executive order. The executive order got reflected in the amendment of the rules on 22-8-1980. The Special Rules were amended again in 1985, under Ext.P1. Provisions were made as to the qualification and method of appointment as Additional Director. Promotion to that post was from the Principals of Arts and Science Colleges and the Training Colleges. The Director's post was made a promotion post from that of the Additional Director.

6. The State has large number of colleges, the bulk of them accounted for by Arts and Science Colleges. Others belonging to the class are the Physical Education Colleges, Vijnan Mandirs, Music Colleges, Law Colleges, Sanskrit Colleges and Training Colleges. Vijnan Mandirs stand abolished by now. For the post of Director, only Principals from among Arts and Science Colleges and Training Colleges were to be considered. The petitioner complains that as on 1985 when a vacancy arose in the post of Additional Director, he had served the Department for over 30 years. He was not behind others among the Principals as regards the prescribed academic qualifications. He had longest service as Principal, among all the colleges in the State. He could justifiably aspire for the post of Additional Director, according to him.

7. The Principal of the Sanskrit College earns the same scale of pay as the Principals in the Arts and Science Colleges and the Training Colleges. This is clearly admitted in the counter-affidavit filed on behalf of the State Government. (The Law College Principal has a higher scale Rs.2250-3350, a Principal of the Physical Education is getting Rs. 1500-2685 and the Principal of the Music College Rs. 1950-2950). No differentiation is possible on the basis of the scale of pay for excluding the Principals of the Sanskrit College for consideration to the post of Additional Director.

8. The prescribed qualifications also are the same. There is hardly any difference between a first or second class Honours and Masters degree