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2024 Supreme(Online)(CAT) 12904
CENTRAL ADMINISTRATIVE TRIBUNAL
Pratima K Gupta, Judicial Member, Rajinder Kashyap, Administrative Member
Nanak Chand – Appellant
Versus
Union of India – Respondent
O.A. No. 301/2023
For the Appellants/Petitioners: A K Bhakt
For the Respondents: R V Sinha
Courts cannot interfere with executive's amendment of recruitment rules prescribing qualifications for direct recruitment quota unless arbitrary; no vested right to eligibility under specific quota without meeting criteria; promotional avenues remain intact.
Headnote:(A) Recruitment Rules - Amendment - Challenge to educational qualifications for direct recruitment quota - Marketing Officers holding M.Sc. Agriculture in unspecified disciplines rendered ineligible by amended rules specifying particular disciplines - Promotional avenues through 60% quota remain intact - No right to claim eligibility under direct recruitment (40% quota) absent prescribed qualifications - Executive prerogative in framing/amending rules under Article 309 not amenable to judicial interference unless arbitrary - Delay in challenging rules notified in 2018 until advertisement in 2022 noted - Courts cannot direct or advise executive on policy matters like qualifications and recruitment methods. (Paras 4, 5, 12, 14, 16, 17)
(B) Service Law - Promotion - Feeder grade employees not directly eligible for higher post under promotion quota without intermediate elevation - Direct recruitment quota governed by specific essential qualifications relaxable only at discretion of recruiting authority. (Para 12)
Facts of the case:
Eleven Marketing Officers challenged amended Recruitment Rules specifying essential Master's degree disciplines for 40% direct recruitment quota to Assistant Agriculture Marketing Adviser post, claiming their M.Sc. Agriculture degrees rendered ineligible despite prior draft rules. Sought quashing of rules, advertisement, and order; pressed interim relief for inclusion in selection process.
Findings of Court:
Applicants ineligible for direct recruitment lacking specified disciplines; not in immediate feeder grade for promotion quota. Advertisement conforms to rules. Representations to be considered.
Issues: Validity of amended educational qualifications excluding applicants' degrees for direct recruitment; entitlement to participate despite lacking prescribed qualifications; scope of judicial review over executive rule-making.
Ratio Decidendi: Amendment of recruitment rules prescribing qualifications is executive policy domain; no vested right to unchanged rules or eligibility under specific quota without meeting criteria; promotional channels unaffected; challenge unsustainable due to executive prerogative and lack of arbitrariness.
Result: Original Application dismissed. Associated MAs disposed of. No costs.
| Table of Content |
|---|
| 1. challenge to amended rrs rendering applicants ineligible. (Para 2) |
| 2. applicants eligible under draft rrs but not amended. (Para 3 , 4 , 5) |
| 3. representations and review committee considered. (Para 6 , 7) |
| 4. dopt om protects existing eligibility service. (Para 8) |
ORDER (ORAL)
Hon’ble Mrs. Pratima K Gupta, Member (J)
The brief facts, that arise for consideration are, the applicants, eleven in number, are working as Marketing Officer with the office of Respondent No. 5. They are aggrieved by the amended Recruitment Rules (RRs) dated 08.06.2018 issued by the respondents with respect to the different cadres of the Ministry of Agriculture & Farmers Welfare. In pursuance to these RRs, the UPSC issued an Advertisement Notice No. 22/2022 (placed at Annexure A1 (Colly)). The applicants aspire to be promoted to the post of Assistant Agriculture Marketing Adviser (Group-1) against the vacancies earmarked for the direct recruitment quota. However, they have been rendered ineligible in terms of the RRs in column 7 which read as under:
Essential (1) Masters Degree in Agriculture including one or more disciplines ie. Agricultural Economics or Agricultural Marketing or Agricultural Marketing and Cooperation or Agricultural Extension Education or Agricultural Statistics or Agricultural Communication or Agri-business or Agricultural Engineering or Post Harvest Technology or Food Science Technology or Food Processing or Post Harvest Management or Cold Chain Logistics or Horticulture or Masters Degree with Botany or Economics or Commerce with Economics or Maths or Statistics or Business Administration from a recognised University.
Desirable: Two years experience in the field of Agricultural Marketing including Co-operative Marketing from a Government, Semi Government, Cooperatives, Autonomous Bodies, Public Sector Undertakings, Nationalised and Private Banks, Marketing Boards, Public Limited National or Multinational Companies involved in Agricultural Marketing activities viz. Market Research, Market Information Syste. Market Regulation, Commodity Trading, Quality Control and Warehouse Management of Agricultural Commodities; or Diploma in Marketing Management awarded by any recognised University or Institute.
Note 1: Qualifications are relaxable at the discretion of the Union Public Service Commission for reasons to be recorded in writing, in the case of candidates otherwise well qualified.
Note 2: The qualification(s) regarding experience is/are relaxable at the discretion of the Union Public Service Commission for reasons to be recorded inwriting in the case of candidates belonging to scheduled castes or scheduled tribes if at any stage of selection the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them.
2. Aggrieved by the same, the applicants have preferred this OA seeking the following relief:
(i) quash and set aside the impugned Order No. F.No. 48011/01/2022-M.1 (FTS-120780)dated 13.12.2022 issued by Sh. Mohan LalMeena, Under Secretary, Govt. of India, Ministry of Agriculture and Farmers Welfare, Department of Agriculture & Farmers Welfare (Agriculture Marketing Division), Cabin No.5, Hall 2nd Floor, F-Wing, ShastriBhawan, New Delhi-110001.
(ii) To quash and set aside the Impugned G.S.R. 173 dated 08.06.2018 (Amendment Recruitment Rules) namely the Ministry of Agriculture and Farmers Welfare, Department of Agriculture, C-operation and Farmers welfare, Directorate of Marketing and Inspection, Field Cadre posts, Deputy agricultural Marketing Advisor, Assistant Agricultural Marketing Adviser, Senior Marketing Officer, Marketing Officer (Group-1) Recruitment Rules, 2018 to extent the Educational Qualification and other qualifications required for direct recruits of post of Assistant Agricultural Marketing Adviser (Group-1) and further direct the respondents to include the
