Shekhar Agarwal ORDER
Permod Kohli, J. (Chairman)
1. Validity of new Recruitment Rules of University Grants Commission notified vide GSR 839(E) : MANU/HRDT/0028/2016 dated 26.08.2016 as regards the recruitment to the post of Joint Secretary, and the consequential advertisement notice dated 08.09.2016 published in Hindu Allahabad inviting applications for the post of Joint Secretary by direct recruitment are under challenge in the present OA.
2. The facts relevant for the purposes of adjudication of the present OA are that the Ministry of Human Resource Development had notified the Recruitment Rules, namely, University Grants Commission (Recruitment) Rules, 1983. These rules were amended vide Notification dated 26.11.1993. Vide impugned notification dated 26.08.2016 Recruitment Rules of 1993 have been substituted.
3. The applicant was appointed as Education Officer vide Office Order No. 226/2007 dated 03.10.2007 w.e.f. 12.10.2006 on probation for a period of two years. He was later promoted as Deputy Secretary w.e.f. 08.08.2013 vide order dated 08.08.2013. The next promotion in the hierarchy of service is to the post of Joint Secretary in UGC. Under 1993 Recruitment Rules, the post of Joint Secretary which falls under Group 'A' category was to be filled up by promotion, failing which by deputation or direct recruitment. The said post is a selection post. Following qualifications were prescribed under the 1993 Recruitment Rules:-
"Essential:
(1) First or second class Master's degree or a professional degree.
(2) about 10 years experience of teaching/research or educational administration.
Desirable:
Doctorate in any discipline or a Master's degree in any professional subject."
The age for appointment to the post of Joint Secretary/Director was 50 years (relaxable by 5 years for employees of Central and State Governments, Universities and autonomous bodies).
4. The aforesaid 1993 Recruitment Rules have now been substituted by Notification dated 26.08.2016, and for the post of Joint Secretary, the method of recruitment has been altered. Instead of earlier method of appointment by promotion, failing which by deputation or direct recruitment, the new method of recruitment has been notified as 75% by promotion (failing which by deputation) and 25% by direct recruitment. Separate set of qualifications have been laid down for direct recruitment which are as under:-
"Educational and other qualifications required for direct recruits.
Essential:
1. Doctorate in any discipline with First or second class Masters Degree;
2. At least 12 years of experience of teaching/research in any University or college or educational administration in higher education.
3(i) Holding analogous post on regular basis in the parent cadre/department; or
3(ii) With 5 years' service in the grade rendered after appointment thereto on regular basis in Pay Band-3 (Rs. 15600-39100) with Grade Pay of Rs. 7600 or equivalent in the parent cadre/department."
The same qualifications have been fixed for promotion as well. The age for direct recruitment is the same as was fixed in 1993 Recruitment Rules. However, under 1993 Recruitment Rules, the age and educational qualifications prescribed for direct recruitment were not applicable for promotion whereas under the new Recruitment Rules the age and educational qualifications prescribed for direct recruitment have been made applicable in the case of promotees as well. The position under the 1993 Recruitment Rules and under the 2016 Recruitment Rules is as under:-
"1993 Recruitment Rules.
"2016 Recruitment Rules.
The aforesaid recruitment rules have been framed by the central Government under Section