V.G.Arun, J.

This Original Petition is filed by the Union Public

Service Commission, the 2^nd respondent in the Original

Application filed by the 1^st respondent herein. The Original

Application was filed seeking to quash Annexure-A9 Office

Memorandum, by which the 4^th respondent was appointed

as Director of the National Institute of Fisheries Post

Harvest Technology and Training (NIFPHATT), Kochi under

the Ministry of Agriculture, Department of Animal

Husbandry, Dairying and Fisheries. The Government of

India had, as per Annexure-A2 Circular dated 11.8.2016,

invited applications to fill up the post of Director in the

NIFPHATT from candidates possessing the requisite

qualification, which are as under:-

“Composite

method:

Deputation

(including Short-term Contract) Plus

Promotion:

I. Officers under the Central Government

or State Governments or Union Territories

or Agricultural Universities or Recognized

Research Institutes or Councils or Semi-

Government or Autonomous Bodies and

Statutory Organizations:-

(a)(i) Holding analogous post on

OP (CAT).No. 28 of 2019 4

regular basis in the parent cadre or

department: or

(ii) with five years' service in the

grade rendered after appointment thereto

on a regular basis in the scale of pay of

Rs.15,600-39,100 with Grade Pay of

Rs.6600 (Pre-revised scale of pay of

Rs.10,000-15,200) or equivalent in the

parent cadre or department, and

(b)

Possessing

the

following

educational qualifications and experience:

Essential:

(I) Post Graduate Degree in Zoology

or Marine Biology or Oceanography or

Industrial Fisheries or Fisheries Science or

Chemistry or Bio-Chemistry or Food

Technology of a recognized University or

Institute or equivalent;

or

Post Graduate Diploma in Fisheries Science

from Central Institute of Fisheries

Education, Mumbai or equivalent;

(ii)Possessing seven years experience

in Managerial Capacity or Fish Processing

Technology

including

five

years

Administrative Experience in a Managerial

Capacity in a concern.

Desirable:

Ph.D in Fish Processing technology and quality assurance.

II. The Departmental Deputy Director

(Processing and Marketing) in the scale of

pay of Rs.15600-39100 with Grade Pay of

Rs.6600(Pre-revised scale of pay of

Rs.10,000-15,200) with five years regular

service in the grade and possessing

qualifications at (b)(i) above shall also be

considered along with outsiders and in

case he or she is selected for appointment

to the post, the same shall be deemed to

OP (CAT).No. 28 of 2019 5

have been filled on promotion.

2. The applicant, who had the requisite qualification

and was holding the charge of Director at the time of

issuance of the Notification, submitted his application

through proper channel. The 4^th respondent, who was

working as the Chief Technical Officer, Central Institute of

Fisheries Education, Mumbai also submitted his application

and was selected for appointment to the notified post, on

the basis of the recommendation of the UPSC. The applicant

challenged the selection and appointment of the 4^th

respondent on the ground that the 4^th respondent does not

possess the requisite experience of 7 years in Fish

Processing or Fish Processing Technology including 5 years

Administrative Experience in a Managerial Capacity. It was

also contended that the 4^th respondent did not possess the

desirable qualifications of Ph.D in Fish Processing

Technology and Quality Assurance mentioned in Annexure-

A2. It was contended that the 4^th respondent had acquired

Ph.D in Migration and Fate of Selected Contaminants from

Anthropogenic Discharges in Coastal Marine Environment,

which is totally distinct from Fish Processing. The applicant

had relied on Annexure-A8 communication wherein it was

OP (CAT).No. 28 of 2019 6

specifically stated that the Administrative Experience of the

4^th respondent in a Managerial Capacity was his experience

in administration in the laboratory, which according