KURIAN,J. - (1.) Leave granted.
(2.) In direct recruitment to a post, whether qualification is to be seen, with reference to the date of occurrence of vacancy or at the time of recruitment, is the question arising for consideration in this case.
(3.) The Orissa Non-Gazetted Veterinary Technical Service (Recruitment and Conditions of Service) Rules, notified on 4th January, 1984 (referred to in the impugned Judgment as 1983 Rules), provides for recruitment to two cadres - Veterinary Technician and Livestock Inspector. 90 per cent of the posts of Livestock Inspector is to be filled-up by direct recruitment and the remaining 10 per cent by promotion of Class IV field employees who are matriculates and have field experience for two years in the treatment of animals. Veterinary Technician post is filled-up by promotion from the cadre of Livestock Inspectors. Rules 5 and 6 of the 1984 Rules provide for the method of recruitment and selection procedure. The Rules read as follows: "Direct recruitment to the cadre of Livestock Inspector:- 5. Direct appointment to the posts in the cadre of Livestock Inspector's shall be made by Director in order of merit out of the list of candidates successfully completed the training. Selection of candidates for Livestock Inspector Training:- 6. In order to be eligible to undergo Livestock Inspector's Training a candidate must fulfill the following conditions, namely:- a) He must be citizen of India or a subject of Nepal/ Bhutan. Provided that the eligibility of persons other than citizen of India shall cease on such date as the Government may by order appoint in that behalf, b) He must have passed either the class VII examination with Oriya as a subject or passed a test in Oriya in M.E. School standard conducted by the Education department, c) He shall be over eighteen years and below twenty seven years of age on the date of admission to the Livestock Inspector Training Center: Provided that maximum age limit may be relaxed by five years in respect of candidate belonging to Scheduled Castes and Scheduled Tribes and to such extent in respect of candidates of such other categories as the Government may by general or special order specify from time to time, d) He must have passed at least matriculation or equivalent examination of the Board of Secondary Education of a recognized University, e) He must be a good character, f) He must be of sound health, good physique with height less than 5'2" and chest unexpanded 30" and must also be of active habits and be free from organic defects and physical and mental infirmity, g) He must know cycling well, h) He must have more than on wife living,";