The rule-making authority has the prerogative to prescribe qualifications for recruitment and promotion, and the court's interference is limited as long as the qualifications are reasonably relevant and have a rational nexus with the functions and duties attached to the post.

Sandeep Sharma, J.

1. By way of present writ petition, petitioner has prayed for following reliefs:-

(a) That a writ of certiorari may be issued thereby setting aside the minimum qualification prescribed for considering promotion beyond the post of Deputy Manager in the Research Wing in the Rules/procedure of promotion policy of the respondents as given vide clause 6 and letters whereby representations of the petitioner for the purpose are rejected may very kindly be set aside.

(b) That a Writ Mandamus may very kindly be issued thereby directing the respondents to prescribe requisite qualification meant for the purpose i.e. B.E.(Civil) with benefit of improvement of qualification viz. AMIE (Civil) and M.Sc/B.Sc in Chemistry or Physics with relatively more experience as is provided by the Ministry of Energy, Department of Power, New Delhi and further as is available with respect to the post being advertised and filled up by the Union Public Service Commission for the post of Research Officers in the Research Wing of the field of Concrete Technology and Soil Engineering as otherwise, Corporation is acting contrary to the national interest by providing qualification of M.Sc. from recognized University in any faculty, which qualification as provided for the purpose in law by any stretch of imagination cannot be held good, with directions to the respondents to reconsider and re-frame the Rules with respect to the qualification in Rules/promotion policy vide clause No. 6, and accordingly, to reconsider and grant benefit to the petitioner throughout from the date same fell due to the petitioner with respect to the promotion, in the interest of law and justice.

(c) Directions may be given to the respondents to produce the records of the case.

(d) Any other and further reliefs to which the petitioner is found fit and proper may also very kindly be granted in favour of the petitioner and against the respondents.

2. Briefly stated facts necessary for the adjudication of the case are that the petitioner was appointed as Scientific Assistant Grade-I vide order dated 2.2.1978 and he joined as such on 20.7.1978 in Salal Hydro Electric Project and was posted in Quality Control Unit. Vide order dated 20.7.1978, petitioner was reappointed as Research Assistant (Regular) and was posted in Quality Control Division. However, on account of transfer of Salal Project to NHPC Limited, services of the petitioner were transferred in the same capacity, designation and nature of job with effect from 1.4.1983 to NHPC Limited. Petitioner also averred that owing to re-designation of the post of Research Assistant, designation of the petitioner was changed vide letter dated 14.1.1985 and he was promoted w.e.f. 1.7.1984 as Senior Supervisor (Research) Grade-II. However, vide order dated 1.7.1988, petitioner was promoted as Senior Supervisor Grade-1 and thereafter promoted as Research Officer in the year, 1992 and Assistant Manager (Research) in the year, 1996. In the year 2001, petitioner was promoted as Deputy Manager and as Manager (Research) w.e.f. 1.4.2006.

3. Petitioner being aggrieved with the advertisement No. PER/4/1990 (Annexure P-3) issued by the respondents, inviting applications for the few posts in its Corporate Office and existing/future Projects/Units. Vide aforesaid advertisement; respondents also invited application for the post of Research Officer. Perusal of the advertisement suggests that a person with M.Sc in Chemistry or Physics was eligible to apply for the aforesaid posts. Petitioner alleged that a person with M.Sc in Chemistry or physics with experience in the field of Concrete Technology and Soil Mechanics cannot be termed to be a fit person to work in the said field. Petitioner also alleged that the respondents solely with a view to help their favourites, issued Rules/Procedure of promotion policy (Annexure P-4), wherein for the post in Research Wing, qualification of M.Sc from a recognized university has been prescribed. Petition