THE SCHEDULED CASTE UPLIFT UNION AND ANR. versus UNION OF INDIA AND ORS

Citation: [1995] 3 S.C.R. 634 · Decided: 20-04-1995 · Supreme Court of India · Bench: R.M. SAHAI, B.L. HANSARIA · Disposal: Dismissed

Judgment (excerpt)

A 
THE SCHEDULED CASTE UPLIFr UNION AND ANR. 
v. 
UNION OF INDIA AND ORS. 
APRIL 20, 1995 
B 
[R.M. SAHA! AND B.L. HANSARIA, JJ.] 
Service Law : 
Defence Quality Assurance Rules, 1979 : 
c 
Rule 8-Schedu/e I. 
Junior Scientific Officei-Promotion to Senior Scientific Of-
ficer-Amendment of Rules-For Promotion amended mies prescribing three 
years service as Junior Scientific Officer and a degree in Engineering-Chal-
D lenge to mies by persons who were empanelled as Junior Scientific Officers 
but were not satisfying either condition on the date of amendment of 
Rules-Held such persons were not affected by the mies. 
The petitioners, with only Diploma qualifications, were empanelled 
for being promoted as Junior Scientific Officers. Subsequently, the service 
E Rules viz. Defence Quality Assurance Rules, 1979 were amended and it was 
prescribed that a Junior Scientific Officer (Promotee) could be promoted 
only if he had put in three years regular service and possessed a Degree 
In Engine.ering. The petitioners filed a Writ Petition in this Court challeng-
ing the amended Rules contending that (i) the requirement of degree was 
F applicable for direct appointments and not to promotees (ii) once a 
diploma-holder was selected as Junior Scientific Officer then the eligibility 
criteria of higher qualification could not be applied for purposes of his 
promotion; and (iii) the petitioners having worked for quite a long time 
petitioners were entitled to be promoted on the basis of experience and 
G therefore the requirement of degree should not be adhered to. 
Dismissing the petition, this Court 
HELD : .1 Under the amended Rules no one could be promoted 
unless he satisfied the eligibility criteria as laid down. The petitioners had 
H no doubt been empanelled on the basis of earlier Rules for being promoted 
634 
\ 
I 
/ 
SCHEDULED CASTE UPLIFT UNION v. U.0.1. 
635 
to the post of Junior Scientific Officers, but that did not confer any right A 
on them to be considered for higher post. They were not Junior Scientific 
Officers. They had not even acquired any experience as Junior Scientific 
Officer. Mere entitlement to be appointed as Junior Scientific Officer did 
not make them a Junior Scientific Officer. Since the petitioners were not 
working as Junior Scientific Officers they could not be said to have 
B 
undergone three years' regular service as such. Further they are only 
diploma holders. Therefore, neither of the eligibility criteria was satisfied. 
Since on the date when Rules came into force they were not even Junior 
Scientific Officers they cannot successfully claim to have been affected by 
the rule. (637-D to F] 
2. The submission that the requirement of possessing a degree for 
being appointed to the post of Senior Scientific Officer Grade II applied 
only to direct appointments and not to the promotion is not made out by 
Schedule I to 1979 Rules. (637-F) 
' 
3. The submission that the petitioners who were empanelled should 
be extended the same benefit as those who were working on regular basis 
too cannot be accepted as those who were empanelled could not be treated 
alike to those who were working and holding the post of Junior Scientific 
Officer. (637-H, 638-A) 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 390 of 
1995. 
(Uuder Article 32 of the Constitution of India.) 
D. Goburdhan for the Petitioners. 
N.N. Goswami, T.C. Sharma, Ms. Anil Katiyar, Ms. Neelam and Ms. 
A. Subhashini for the Respondents. 
The following Order of the Court was delivered : 
The petitioners working under the Directorate General of Quality 
Assurance and holding the post of Junior Scientific Officers, a Class-JI post 
on the date the petition was filed, seek a direction that the amendment in 
c 
D 
E 
F 
G 
the Rules which provide that Junior Scientific Officer (Promotees) in 
order to hold the post of Senior Scientific Officers-II should have a H 
636 
SUPREMECOURTREPORTS 
[1995] 3 S.C.R. 
A Master's Degree, be declared ultra vires. In the alternative it is claimed that 
since the petitioners were empanelled as Junior Scientific Officers Grade-
n they were entitled to same benefit under the Rules framed by the 
Government as was extended to those promotees who were working on the 
post of Senior Scientific Officers Grade-II. 
B 
Relevant Rules framed by Ministry of Defence are known as Defence 
Quality Assurance Rules, 1979. Rule 8 of it provides that 50% of the posts 
of Senior Scientific Officers are to be filled 

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