V.K.SOOD versus SECRETARY, CIVIL AVIATION AND ORS.

Citation: [1993] 3 S.C.R. 772 · Decided: 14-05-1993 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Dismissed

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
V.K.SOOD 
v. 
SECRETARY, CIVIL AVIATION AND ORS. 
MAY 14, 1993 
[K.RAMASWAMY AND N.P. SINGH, J.J.] 
Constitution of India-Article 309 Proviso-Held, rules made under 
sta11110ry-No motives can be attributed to Legislature in making law. 
C 
The appellant has) applied for recruitment as Examiner of Personnel in 
the Department of Civil Aviation, but was unsuccessful. He challenged the 
qualifications detailed in the advertisement as being discriminatory and 
tailor-made, with a view to exclude him. He contended that while he would 
have qualified under the 1969 Rules framed under the proviso to Article 309, 
the rules were amended in 1978 and 1989 with a view to deprh•e him of his 
D 
chance. 
E 
F 
G 
H 
He submitted that the court should regulate the prescription of higher 
qualifications and strict standards for navigators and pilots in view of the 
frequent air accidents. 
Dismissing the appeal, this Court, 
HELD: (1) In exercise ofrule making power under Proviso to Art. 309, 
the President or authorised person is entitled to prescribe the method of 
recruitment, educational and technical qualifications or conditions of service 
for appointment to an office or· post under the State. These rules being 
statutory cannot be impeached as being tailor-made to suit specific individu-
als. (777-B) 
B.S. Vadera v. Union of India & Ors., AIR 1969 SC 118; General 
manager, Southern Railway v. Rangachari [1962) 2 SCR 586 at 596; State of 
Mysore v. P.Narasing Rao [1968] 1 SCR 407 at 411; State of J & K \'. Tri Loki 
Nath Kliosa AIR 1974 SCI and State of Orissa v.N.N.Swamy [1977) 2SCC 508, 
para 18, followed. 
(2) No motives can be attribute~ to the Legislature in making the law. 
(777-C) 
772 
---
V.K. SOOD v. SECRETARY. CIVIL AVIATION 
773 
(3) The prescribed qualifications and the suitability of the applicant A 
would be tested by the UPSC. (777-C) 
. (4) It is for the rule making authority or for the Legislature to regulate 
the method ofrecruitment, prescribe qualifications etc. It is not for this court 
to trench into and prescribe qualifications, in particular where the matters B 
are ofa techinical nature (777-F) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2847 of 1993. 
From the Judgment and Order dated 31.8.1990 of the Delhi High Court in 
C.W. 2617 of 1989. 
C 
Yogeshwar Prasad, U.S Prasad, A.K. Lal Sinha, V.S. Pandey, Mrs. Nidhi 
Pandey and S.M. Tripathi for the Appellant. 
V.C. Mahajan, and S.N. Terdol for the Respondents. 
The Judgment of the Court was delivered by 
K.RAMASW AMY, J. Special leave granted. 
D 
E 
In response to the advertisement No. 33 dated August 19, 1989 the appellant 
had applied for recruitment to the post ofExaminerof Personnel in the Department 
of Civil Aviation. He was unsuccessful in the selection. He later on challenged 
paras 3(i) and 3(ii) of the advertisement on the ground that the qualifications 
prescribed are discriminatory and were tailormade. He also contends that in 1969, 
for the said post the qualifications prescribed were 1st Class British or Indian 
F 
Navigator or a British Flight Navigator licence with oot less than 100 hours of air 
experience. The method of recruitment was direct recruitment and the age 
prescribed was 45 years relaxable to Government Servants. He claims that he is 
having the first Class licence with 100 hours of air navigation experience. With a 
view to deprive himofthe change, the offending rules have been amended in 1978 G 
substituting 300 hours of instructional flying and experience of not less than 2500 
hours as Flight Navigator with category A and endorsement to fly VIPs and VVIPs 
on all routes in I.A.F. air crafts or should hold or have held or Indian Flight 
Navigator Licence. According to him this rule was made with a view to deprive 
him of his chance. The Delhi High Court dismissed the writ petition summarily. 
To appreciate the contention, it is necessary to read to rules. As per the 1969 rules H 
774 
SUPREME COURT REPORTS 
[1993] 3 S.C.R. 
A 
which are statutory made under proviso to Art. 309 of the Constitution. the method 
of recruitment with qualification prescribed thereafter are thus: 
B 
c 
D 
E 
F 
G 
H 
"Essential 
(i) First Class British or Indian Navigators· Licence with not less 
than 100 hours air experience. 
Desirable 
(i) Degree in Mathematics or in Engineering. 
(ii) Experience of Goedetic Surveying. _In 1978 clause A was 
amended and in its place Clause.s A(i) and (ii) were brought on the 
rules which reads

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