Recruitment rules delineating different qualifications for transfer and direct hires do not violate Article 14 unless proven manifestly arbitrary or discriminatory.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

In this petition, under Article 226 of the Constitution of India , petitioner has sought following reliefs:

“To declare the adhoc rules issued in G.O.Ms.No.1016, Health and Family Welfare Department, dated 08.07.1991 (as amended in G.O.Ms.No.643, Health and Family Welfare Department dated 10.06.1994 and G.O.Ms.No.8, Health and Family Welfare Department dated 03.01.1996) relating to the post of Cold Chain Officer in the Tamil Nadu Public Health Service are null and void insofar as it relates to prescription of other qualifications and is repugnant to the notification of the first respondent in No.12013/2/85/EPI(U) dated 21.11.1985 and to issue consequential directions to respondents 1 and 2 to consider the candidature of the petitioner for the post of Cold Chain Officer in Tamil Nadu Public Health Service by recruitment by transfer strictly in accordance with first respondent's notification dated 21.11.1985.”

2. Learned counsel for petitioner argued in extenso and submitted that the present Rules laying down eligibility criteria in the matter of recruitment by way of transfer to the post of Cold Chain Officer, from amongst the holders of the post of Mechanic (Refrigeration) in the Tamil Nadu Public Health Subordinate Service, suffer from incompetence and are also manifestly arbitrary.

It is contended before us that while for direct recruitment, qualification of Degree in Engineering with Refrigeration and Air Conditioning with experience of not less than one year in the installation and maintenance of refrigeration equipment or a Diploma in Engineering with Refrigeration and Air Conditioning as a subject, with minimum experience of five years in the installation and maintenance of refrigeration equipment has been prescribed as eligibility criteria, another set of eligibility qualification of a Diploma in Engineering with Refrigeration and Air Conditioning as a subject with experience for a period of not less than five years in the installation and maintenance of refrigeration equipment in any government department or ITI certificate in the trade of Refrigeration and Air Conditioning issued by the Government with experience for a period of not less than 15 years in the installation and maintenance of refrigeration equipment in any other government department, with requirement of having passed Account Test for Executive Officers, has been prescribed in case of recruitment by transfer from any other services. It has been contended that prescription of different qualification insofar as entry by way of transfer of those who are in service as Mechanic (Refrigeration), is not only discriminatory, but creates unreasonable classification and also allows consideration of candidature of those Mechanic (Refrigeration) who may not even be having a Degree or Diploma in Engineering with Refrigeration and Air Conditioning as a subject or having any such experience with that qualification.

3. Learned counsel for petitioner would submit that the post of Cold Chain Officer requires certain minimum degree of educational qualification in the subject and merely because someone is working as Mechanic (Refrigeration), may be for 15 long years, would not acquire suitability for appointment to a higher post of Cold Chain Officer. Therefore, non-insis