A.K. Sen, J. - (1.) These two Rules have been heard together as they involve a common question of law and as one of the orders challenged is the same in both the Rules. The common question that arises consideration is as to what is the true requirement of the regarding recruitment of Statistical Assistants in respect of educational and other qualifications for direct recruits as specified therein. The petitioner in C.R. 5508 (W) of 1970 is Patras Hansda. He holds the qualification of being an M.A. In English and had also passed the Bachelor of Arts Examination with Mathematics as one of the subjects. While serving as an Upper Division Clerk in the Collectorate of Central Excise, his case was sponsored by the Regional Employment Exchange, Calcutta for appointment as a direct recruit to the; post of a Statistical Assistant on the scale of Rs. 210 -425/ - in the Central Statistical Organisation (Industrial Statistics Wing) of the Government of India. Being selected he was appointed a Statistical Assistant in the scale of Rs. 210 -425/ - by an order dated March 22, 1963. The petitioner in the other Rule being C.R. 5825 (W) of 1970 Tushar Kanti Ghosh is a graduate in Science having passed the B. Sc. Examination with Mathematics as one of the subjects. He too was appointed a Statistical Assistant in the scale of Rs. 210 -425/ - in the same Organisation as a direct recruit by an order dated July 10, 1963. Admittedly though the petitioners are graduates with Mathematics as one of their subjects neither of them had statistics as one of the subjects when they passed the B.A. or the B.Sc. Examination. Admittedly further when the petitioners were so recruited they were governed by the General Central Service (Class III posts in the Industrial Statistical Wing, Central Statistics Organisation, Calcutta, Cabinet Secretariat) Recruitment Rules, 1959 ( hereinafter referred to as the Recruitment Rules). The said Recruitment Rules at the relevant time set out the following minimum qualification for direct recruits to the posts of Statistical Assistants. A degree in Statistics, or in Mathematics, Economics, or Commerce with Statistics as one of the subjects in case of direct recruits only.
(2.) After a few years of service when their cases for confirmation were being considered, the respondents came to hold that both the petitioners are lacking in the minimum qualification as specified by the Recruitment Rules as aforesaid. Obviously this they held as according to them the qualifying phrase "with statistics as one of the subjects" in the Rule specifying the educational qualification governs alternatively a degree in Mathematics, Economics or Commerce so that neither of the petitioners having obtained such a degree "with statistics as one of the subjects", they were considered to be lacking in the minimum qualification. On this view on April 24, 1968 the respondents issued an order incorporating the following direction: The Government of India in the Department of Statistics in consultation with the Ministry of Home Affairs have now decided to retain Shri P. Hansda Shri T.K. Ghosh as Statistical Assistant in this Wing subject to the condition that he obtains a degree/diploma in statistics from a recognised Institution within a period of 3 years from 19.4.68 failing which his services in this Wing will have to be terminated.
(3.) Petitioners on the other hand thought that they duly possess the requisite qualification as according to them the qualifying phrase "with statistics as one of the subjects" governs the degree in Commerce only and not the degree in Mathematics or Economics. Accordingly both the petitioners objecting to the aforesaid direction dated 24.4.68 preferred representations of their own. On May 17, 1969, the respondents overruled these objections and informed the petitioners that their appeals having been considered in consultation with the Ministry of Home Affairs cannot be acceded.;