Shri Bhawani Singh vs Indian Council of Social Science Research and Another

Valmiki J Mehta, J.—By this writ petition, petitioner prays for the relief of being granted promotion to the post of Assistant Director in the respondent no. 1 organisation. Petitioner has been working from 9.10.1991 as a Research Assistant. Petition itself specifies the recruitment rule for the post of Assistant Director and the same reads as under:-

A reading of the aforesaid rule shows that qualification criteria is the same both for appointment by promotion and by direct recruitment.

The person who seeks promotion must additionally have five years experience as a Research Assistant Grade-II.

So far as the experience of the petitioner is concerned, he would have experience of five years on 1996, however, the issue is whether petitioner has the qualification as mentioned in para-6 of the Recruitment Rules i.e. Master''s degree with 50% marks in any of the social sciences with either two years experience of teaching or research experience, or a doctorate degree in any of the social sciences. The petition is conspicuously silent as to how the petitioner meets these qualifications. The respondent no. 1 in the counter-affidavit in para 16(iv) has taken up a specific objection that petitioner does not meet the qualifications. No rejoinder-affidavit has been filed by the petitioner and therefore surely it must be because petitioner does not fulfill the qualifications. In fact, petitioner even in the writ petition itself should have mentioned that how as per the recruitment rules he meets the qualification criteria for being promoted to the post of Assistant Director, however, the petition is silent as to how the petitioner meets the qualification criteria. Therefore, even independent of the fact that whether or not a post exists, petitioner having failed to show before this Court that he has eligibility criteria, he cannot have a successful claim to the post of Assistant Director.

I may also state that the entitlement of the petitioner if not arisen earlier did arise on the promotion of one Mr. K.D. Gaur as an Assistant Director in October 1999, and though respondent no. 1 contends that there is no vacant post, I need not go into this aspect in view of the fact that petitioner has failed to show as to how he has the qualifications for being appointed as an Assistant Director. In view of the above, the writ petition is dismissed, leaving the parties to bear their own costs.