INDER JIT GUPTA AND ORS. versus UNION OF INDIA AND ORS

Citation: [2001] SUPP. 1 S.C.R. 501 · Decided: 14-08-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Dismissed

Judgment (excerpt)

INDER JIT GUPTA AND ORS. 
A 
v. 
UNION OF INDIA AND ORS .. 
AUGUST 14, 2001 
·[S, RAiENDRA BABU AND DORAISWAMY RAJU, JJ.] 
B 
Service Law : 
Zoological Survey of India (Central Service Class I and Class. fl Posts) 
Recruitment Rule11, 1963-Assistant Zoologists-Recruited under Recruitment C 
Rules, 1963 on the basis of Master's Degree in Zoology-Subsequent 
amendment of Recruitment Rules in the year 1987 requiring higher 
qualification-Advertisement inviting applications for the post of Scientists-
Req11isite qualification-First class Master's Degree in Zoology with 5 years 
experience-Appellants though entitled to apply not applying-On challenge, D 
tribunal declining to interfere with the selection process holding that the 
protest against the advertisement was raised after the entire selection process 
was completed-Question of relaxation of age could have been considered 
if appropriate applications were made-On appeal held, no interference 
called/or. 
Appellants holding Master's Degree in Zoology were appointed as 
Assistant Zoologists under Zoological Survey of India (Central Service Class 
E 
I and Class II posts) Recruitment Rules, 1963. Subsequently, the Recruitment 
Rule were amended in 1987 and drastic changes were made regarding 
qualification for recruitment. An advertisement was issued inviting 
applications for the post of Scientist-SD from persons holding First Class F 
Master's Degree in Zoology with five years experience in Faunistic Surver/ 
Taxonomy or Doctorate in Zoology. In respect of Government servants, the 
age limit was relaxed upto five years. The appellants though entitled to apply 
for the said post did not apply and after making representations approached 
the tribunal for quashing the Recruitment Rules, 1987 and the action taken G 
pursuant to the advertisement. Tribunal declined to interfere with the selection 
proci;ss holding that the recruiting authority as a matter of policy decisio.n 
could provide higher educational qualification; that the protest against the 
advertisement was raised by appellants after the entire selection process was 
completed and the question of relaxation of age could not ~e considered as 
501 
H 
502 
SUPREME COURT REPORTS (2001] SUPP. I S.C.R. 
A appellants had not made any application before the appropriate authority. 
Hence the present appeal. 
Dismissing the appeal, the Court 
B 
HELD : When the Tribunal has found that the qualification necessary 
for the post of Scientist-SD is M.Sc. 1st Class or Doctorate in Zoology and 
that the age relaxation in respect of the appellants could have been considered 
only in the event if they had made appropriate applications, there is no 
justification to interfere with the order made by the tribunal, particularly 
when the events had taken place as early as in 1988 when the recruitment 
C were completed. [505-E, FJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 378of1994. 
From the Judgment and Order dated 11.2.1993 of the Central 
D Administrative Tribunal in O.A. No. 828 of 1989. 
R.K. Dhawan, M.A. Chinnaswamy and M.A. Krishna Moorthy for the 
Appellants. 
E 
T.L. Viswanatha Iyer, Y.P. Mahajan, B.V. Bairam Das and C. Radhakrishnan 
for the Respondents. 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. The appellants before us are serving in the 
F Zoological Survey of India under the control of the Ministry of Environment 
& Forests. Most of them were appointed as Assistant Zoologists by direct 
recruitment and some of them were promoted to the post of Assistant Zoologist 
under the Zoological Survey of India (Central Service Class I and Class II 
posts) Recruitment Rules, 1963, as amended from time to time. They contended 
G that they were governed by the Recruitment Rules, which prescribed only the 
Master's degree in Zoology as essential qualification for the post of Assistant 
Zoologist and experience relating to the posts above that of the Assistant 
Zoologist would be Scientist-8 and so on. 
Annexure-11 to the Recruitment Rules provides the norms for recruitment 
H to the scientific pos.ts as under: 
INDER JIT GUPTA v. U.0.1. [RAJENDRA BABU, J.) 
503 
SC 
SD 
SE 
SF 
SG 
G 
H 
A 
Rs.2200 
Rs.3000-
Rs.3700 Rs.4500 
Rs.5100 Rs.5900 Rs.5900 
-7 5-
100· 
-125-
-150-
-150-
-200-
-200-
2800-
3500 
4700· 
5700 
5700 
6700 
7300 
EB-I 00-
-1,25-
ISO-
-200 
4000 ' 
4500 
5000 
-6300 
B 
Master's degree Fresh 
+5 
+10 
in Science or 
equivalent 
Bachelor's 
Fresh 
+5 
+10 
degree in 
engineering, 
tech

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