S RAJAN Vs. SECRETARY, DEPARTMENT OF ISM AND H, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI AND DIRECTOR, CENTRAL COUNCIL FOR RESEARCH IN HOMOEOPATHY, NEW DELHI

JUDGEMENT

(1.) The facts giving rise to the writ petition briefly stated are as follows :-

(2.) A counter affidavit has been filed on behalf of the respondents wherein it is indicated that qualification for recruitment of Research Assistant in Chemistry and Field Botanist were different and only subsequently as per the amended rules it was laid down that for appointed as Field Botanist, a candidate must have passed M.Sc., and should have aptitude for research whereas before such amendment, Field Botanists could be recruited with first or high second class degree in Botany and two years experience in Field work of Survey and collection of plants. It has been therefore stated that only after such amendment was made, the circular relating to career advancement which envisaged M.Sc., as the essential qualification, has been made applicable to the petitioner.

(3.) The aforesaid submission of the learned counsel appearing for the respondents though appears to be attractive on the face of it, does not bear closer scrutiny. The relevant recruitment rules have been produced by the Counsel appearing for the respondents. The aforesaid rules indicate that for the post of Field Botanist, the following had been prescribed as education and other qualifications :