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PETITIONER: G. SUNDARESWARARAO

       Vs.

RESPONDENT: THE GOVERNMENT OF A.P. & ORS.

DATE OF JUDGMENT:       26/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (3)   392        1996 SCALE  (2)863

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      This special  leave petition has been filed against the order of  the Administrative Tribunal, Hyderabad dated March 28, 1995  made in  O.A. No.81344/90.  It is  the case of the petitioner that  he  had  the  requisite  qualification  for promotion as  a Senior Scientific Officer. But he was unduly denied of  his right  for consideration  for promotion  from Junior  Scientific   Officer.  Mr.  L.N.  Rao,  the  learned counsel, contends  that Rule  4(b) of  the A.P. Institute of Preventive Medicine  Service Ad  hoc Rules  to the  post  of Chief Public Analyst, Senior and Junior Scientific Officers, issued in  G.O.Ms. No.219  Health Medical  & Family Welfare, dated March  26, 1987  is ultra vires of the power. Once the petitioner   acquired   post-graduate   qualification,   the insistence of  S years  service after the acquisition of the post-graduation is  not warranted.  In support  thereof,  he placed reliance  on a  judgment of  this Court  in  Sheshrao Janglujibagde vs. Bhaiyya [(1991) Supp. 1 SCC 367].      Rule 4 (b) reads thus:      "Must have  not less  than S  years      experience as  Post-Graduate in the      analysis of  Food under the control      of Chief  Public analyst/Government      Analyst who  is appointed under the      prevention  of   Food  Adulteration      Act, 1954."      In view  of that mandatory rule that the candidate must have not  less than  S years  experience as post-graduate in the analysis  of the  food, the  intendment of  the rule  is manifested that  after acquiring  post-graduation, one  must necessarily have  not less  than S  years experience  in the analysis of  food. It would be relevant to mention that when the analysis  of food  for adulteration  is to  be made  the senior Scientific  Officer is  required to  counter test the report of  the analyst sent in that behalf, the Rule appears to have  intended that  he must  have expert knowledge after

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acquiring post  graduation and  minimum period  of not  less than S  years experience  has been  prescribed and  insisted under the  rule. The  words "not  less than"  furnishes  the legislative intention of mandatory character S years minimum experience after  getting post-graduate. Therefore, it being the legislative  policy, it  cannot be said that the rule is ultra vires or arbitrary.      It is true that in the above-cited judgment, this Court has stated thus:      "Normally,  when   we  talk  of  an      experience,  unless   the   context      otherwise  demands,  it  should  be      taken as experience after acquiring      the minimum qualifications required      and,  therefore,  necessarily  will      have  to   be  posterior   to   the      acquisition of  the  qualification.      However, in the case of a promotion      the same  interpretation may not be      just or warranted."      But later  this Court  also  explained  that  it  would depend upon  the relevant  provisions as also the particular type of  experience which  is required. In that case, on the basis of the language contained in the rules, this Court had held that  the insistence  10 years  experience after  post- graduate was  not required.  In view  of the above mandatory language, we  cannot say  that the rule made was not correct in law.      It is then contended that the Government have done away with the  minimum experience  after  postgraduation  in  the subsequent rules  and that,  therefore,  the  petitioner  is entitled to  be considered.  We have  no doubt that his case will be considered according to rules.      The SLP is accordingly dismissed.