- (1.) The petitioner before this Court seeks quashing of the order of the Public Services Tribunal dated 22.2.2013 passed in Claim Petition No. 1995 of 2012. The Public Services Tribunal under the order impugned has held that in view of the amended qualification prescribed for the post of Deputy Director (Horticulture) in Noida Development Authority? and in view of the fact that the petitioner does not satisfy such requirement, there cannot be any order for promotion of the petitioner on the said post.
(2.) It has also been recorded that the challenge made to the policy decision of prescribing the qualification for the post of Deputy Director (Horticulture) has no merits and that the Tribunal cannot enter into the realm of policy decision making by the authority concerned. Challenging the order passed by the Tribunal, the petitioner before this Court contended that at the time of appointment, the qualification prescribed for the post of Horticulture Inspector was B.Sc. With Botany, he was eligible and was appointed accordingly. He was granted promotion to the post of Assistant Director of Horticulture with the same qualification on 7.1.1994. The next channel for promotion is the post of Deputy Director (Horticulture) under the provisions of the New Okhla Industrial Development Authority Service Regulation, 1981, framed in exercise of powers under Section 19 of the U.P.Industrial Area Development Act, 1976 (hereinafter referred to as Act, 1976). It is not in dispute that the power to lay down the minimum essential /desirable qualification for various posts is mentioned under the provisions of Regulation 9 of the 1981 Regulations. The appointing authority has been defined to mean the officer, who at the relevant time had the power to make appointment on the posts.
(3.) It is not in dispute that the NOIDA Authority has taken a decision to fix the minimum qualifications for the post of Deputy Director (Horticulture) as B.Sc. (Agriculture) with 12 years of experience as Assistant Director of Horticulture. For ready reference, copy of the qualification so proscribed shows in Annexure-5 to the present writ petition. It is also not in dispute that the petitioner would complete the prescribed period of 12 years for being considered for the post of Deputy Director (Horticulture) only in the year 2006. The amendment in the qualification in exercise of powers under Clause 9 has been made in the year 2005. The Tribunal has recorded that since the petitioner does not have the degree of B.Sc. in Agriculture, he is not qualified for the post and there is no reason to interfere with the policy decision of the NOIDA to fix such qualification for the post concerned.;