Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this application under Section 19 of

the Administrative Tribunals Act, 1985 seeking the following

reliefs:

“i.

Quash the Ministry of Textiles notification vide

GSR 312 (E) dated 19.04.2022, the recruitment rules for the

post of Director schedule Col(6) prescribing age 50 years

vide Annexure A7.

ii.

Consequently direct the respondents to fill up the

vacancies of directors in accordance with RRs of 1989 vide

Annexure A1.

3 OA 212/2022/CAT/BANGALORE BENCH

iii.

Grant any other relief as deemed fit in the facts and

circumstances of the case, in the interest of justice and

equity.”

2.

The applicant is working as Scientist ‘D’ at Central Silk

Board, Bangalore. The applicant submits that Government of India,

Ministry of Personnel, Public Grievances and Pension, Department of

Personnel and Training, New Delhi issued OM No.AB-14017/61/2008-

Estt.(RR)

dated

13.10.2015,

regarding

the

proposal

for

framing/amending the existing Recruitment Rules. The Central Silk

Board, Ministry of Textiles, Government of India issued a notification

during October, 2019 vide Advertisement No.CSB/2/2019 inviting

application for filling up one post of Director through direct

recruitment, wherein the eligibility and other conditions were

prescribed. In pursuance of the said notification, the applicant applied

for the post of Director under the direct recruitment quota and he was

intimated vide Central Silk Board (Ministry of Textiles, Government of

India), Bengaluru to appear for interview on 08.07.2021 before the

Selection Committee as per letter dated 23.06.2021. It is the grievance

of the applicant that in pursuance of the said notification and interview

held on 08.07.2021, no finalisation of selection to fill up the post of

4 OA 212/2022/CAT/BANGALORE BENCH

Director has been made. However, Central Silk Board, Ministry of

Textiles, Government of India vide notification GSR 312 (E) dated

19.04.2022, prescribed the eligibility criteria for the post of Director

under direct recruitment quota, the age was reduced as 50 years from 53

years prescribed under 1989 Rules. Being aggrieved, the applicant has

preferred this OA.

3.

Learned Counsel Shri P.Kamalesan representing the applicant

submitted that the applicant was promoted as Scientist ‘D’ from

26.02.2014 and completed five years of service and was eligible for

promotion to the post of Director at Central Silk Board according to

Recruitment Rules of 1989. In pursuance to the notification issued

during October, 2019 inviting the applications for one post of Director

under direct recruitment, the applicant applied being eligible. The

applicant appeared before the selection Committee on 08.07.2021 but

the results/selection were not notified. In the meantime, respondents

notified new Recruitment Rules in supersession of 1989 Recruitment

Rules by notification dated 19.04.2022. As per the amended

Recruitment Rules of 2022, age limit was modified as 50 years for

eligibility, which barred the applicant to apply afresh for the post of

5 OA 212/2022/CAT/BANGALORE BENCH

Director. Learned Counsel further submitted that framing of new

Recruitment Rules after issuing the notification inviting the application

and conducting the interview, further issuing the new advertisement in

terms of the amended Rules for filling up the vacancies for the post of

Director without finalising the earlier recruitment process is illegal,

arbitrary and unsustainable. Learned Counsel has placed reliance on

the judgment of the Hon’ble Apex Cour