TaxTMI 
TaxTMI 
1990 (9) TMI 350
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....#39;the rule') arises for consideration in these appeals. That Rule related to the appointment to the post of a Deputy Director in Maharashtra Ground Water Service, Class I and the relevant portions of it as is stood in 1983 read as follows: "3.(1) Appointment to the post of a Deputy Director in the Maharashtra Ground Water service Class 1 shall be made either-- (a) by promotion from amongst Senior Geologists in the Ground Water Surveys and Development Agency of Government, possessing the qualifications mentioned in sub-clauses (ii) and (iii) of Clause (c) of this sub rule; (b) by transfer of a suitable officer from the Department of Geology and Mining of Government; (c) by nomination from amongst the....
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....harge as Deputy Director from 16.6. 1982 for quite some time. The Maharashtra Public Service Commission by the notification dated 21st May. 1983 called applications for direct recruitment to the post of Deputy Director in the Ground Water Survey and Development Agency. which is governed by Rule 3(1)(c) of the Rules. In regard to the qualification for appointment the advertisement stated: Qualifications: Candidates must possess: (i) A post-graduate degree in Geology or Applied Geology of a recognised University or Diploma in Applied Geology of the Indian School of Mines, Dhanbad or any qualification recognised by Govt., to be equivalent thereto; (ii) 10 years practical experience in the field of (a) Carrying out sy....
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.... experience after obtaining the prescribed academic qualification was illegal. In this connection he contended that sub-clauses (ii) and (iii) of clause (c) of Rule 3(1) of the rules are two independent requirements, that they have to be read disjunctively and the experience required under sub-clause (iii) need not be after possessing the basic educational qualification of a post-graduate degree in Geology. This contention was not accepted by a Division Bench of that Court and by order dated 16. 11. 1983 Writ Petition No. 500 of 1983 was dismissed. Against that judgment the appellant has preferred Civil Appeal No. 2146 of 1984. While granting special leave this Court in its order dated 16.4. 1984 observed "The Government will decide itself ....
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.... requirement of 10 years experience mentioned in sub- clause (iii) of clause (c) was deleted in respect of appointment by promotion. In the counter affidavit filed by the State Government it is stated that this was done because in the case of a promotion the requirement of 10 years experience subsequent to the acquisition of post-graduate degree in Geology was redundant and, therefore. should not be insisted upon and it is in that view the rule was amended. However, in direct recruitment the 10 years experience after acquiring the post-graduate qualification was retained. On the interpretation of the rule prior to its amendment which was relevant for considering Civil Appeal No. 2146 of 1984 we are of the view that the view taken by the Aur....