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Issues: (i) Whether Rule 5(2) of the Maharashtra Zilla Parishads District Services Recruitment (without consulting Selection Boards) Rules, 1965 permits the competent authority to grant relaxation of qualification for promotion subject to conditions, and whether non-fulfilment of such condition justified reversion; (ii) Whether the Government Resolution dated 19-3-1979 and the circular dated 24-2-1993 barred reversion of promotees belonging to reserved categories in the facts of the case.
Issue (i): Whether Rule 5(2) of the Maharashtra Zilla Parishads District Services Recruitment (without consulting Selection Boards) Rules, 1965 permits the competent authority to grant relaxation of qualification for promotion subject to conditions, and whether non-fulfilment of such condition justified reversion.
Analysis: The rule authorises relaxation of all or any of the prescribed qualifications where suitable candidates with the required qualifications are not available. It does not impose any restriction against attaching conditions to such relaxation. Reading a prohibition into the rule would amount to rewriting it, which is impermissible. A statutory power must be exercised in the manner provided by the statute, but where the rule itself is silent on restrictions, the authority may attach a reasonable condition linked to the grant of relaxation. Since the promotees did not satisfy the stipulated condition within the prescribed time, the order of reversion could not be faulted.
Conclusion: The conditional relaxation was valid, and the reversion on failure to comply with the condition was justified.
Issue (ii): Whether the Government Resolution dated 19-3-1979 and the circular dated 24-2-1993 barred reversion of promotees belonging to reserved categories in the facts of the case.
Analysis: The Government Resolution was issued in the context of reversions caused by abolition of posts, repatriation of senior persons, and similar situations. The expression used in that context cannot be extended to cases where reversion follows non-fulfilment of the qualification or breach of conditions attached to promotion. The circular merely explained the Resolution and did not create any additional protection. The petitioners could not insist on continuation in the promotional post merely because the promotional cadre did not have the prescribed reservation percentage or because a backlog existed.
Conclusion: The Government Resolution and the circular did not prevent the impugned reversion.
Final Conclusion: No legal infirmity was found in the order of reversion, and the challenge to the order failed.
Ratio Decidendi: Where a statutory rule permits relaxation of qualification without prohibiting conditions, the authority may grant conditional relaxation and revert the employee on failure to fulfil the condition; a government policy framed for different kinds of reversions cannot be extended to protect continuation in post contrary to the conditions of promotion.
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