THE HON’BLE MR JUSTICE GODA RAGHURAM AND THE HON’BLE MR JUSTICE R. KANTHA RAO W.P.No. 16753_of 2010 Date:27.10.2010 Between: P.Srinivasa Rao and (19) others …Petitioners And Bharat Sanchar Nigam Ltd. and (3) others …Respondents THE HON’BLE MR JUSTICE GODA RAGHURAM AND THE HON’BLE MR JUSTICE R. KANTHA RAO W.P.No. 16753_of 2010 ORDER: (Per Hon'ble Sri Justice R.Kantha Rao,J) The petitioners who are working as Sub-Divisional Engineers in Bharat Sanchar Nigam Limited (for short ‘BSNL’) filed the present writ petition seeking issuance of an order or direction, more particularly, in the nature of mandamus declaring the Recruitment Rules, 2008 of Directly Recruited DGMs (Deputy General Managers) of BSNL Management Services issued in proceedings No.314-36/2008-Pers.I(Pt) dated 25.06.2009 issued by the first respondent and the consequential Notification No.14- 1/2009-Ren\ctt dated 10.08.2009 and all consequential proceedings including any appointments made to the posts of DGMs by direct recruitment as arbitrary, illegal and discriminatory, apart from violative of Articles 14, 16 and 21 of the Constitution of India and also without jurisdiction. They further sought to declare the judgment of the Central Administrative Tribunal dated 06.07.2010 in O.A.No.1093 of 2009 and batch also as such and for issuing a consequential direction restraining the respondents from making direct recruitment to the post of Deputy General Manager in pursuance of the said rules and for other allied directions. We have heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. The brief facts necessary for considering the issue involved in the present writ petition may be stated as follows: On 25.06.2009 the BSNL published recruitment rules relating to Directly Recruited DGMs of BSNL, the preamble of which stated that they will be part of BSNL Management Services Recruitment Rules, 2008. The authorized strength of directly recruited DGMs of BSNL was fixed at 150 for BSNL Telecom Operations and 60 for BSNL Telecom Finance Services. The selection process consists of a written test carrying 75% weightage and an interview carrying 25% weightage. The educational qualification prescribed is first class (60%) BE/B.Tech or equivalent Engineering Degree of a recognized institution in Electrical, Electronics and Communications/IT/Computer/Computer Science for DGM (Telecom Operations) and CA/ICWA/CS for DGM (Telecom Finance). The direct recruitment was made available to all candidates of public sector, private sector and government on the candidates fulfilling the following criteria: “1. Twelve (12) years of post qualification working experience as on 1st August of the recruiting year. 2. Minimum of 3 years of experience as under on 1st August of the recruiting year in: a. E4 grade as defined in DPE guidelines (IDA scale 14500-350-18700/Revised Scale 29100-54500) in case of PSU experience OR b. Equivalent annual gross salary, which comes to approximately Rs.7 lakhs gross in case of private sector, OR c. CDA scale 10000-325-15200 (pre-revised scale in case of government posts), 3. Minimum work experience of 5 years in a company with an annual turnover >Rs.100 Cr. (in case of PSU, private companies) as on 1st August of the recruiting year.” The contention of the petitioners is that all the posts of DGMs have to be filled up by way of promotion only and the rules issued prior to 14.07.2009 cannot be considered as part of rules issued on 14.07.2009 and thus, according to them issuing another notification to fill up the posts of DGMs by way of direct recruitment is void and without jurisdiction in as much as no rules are made for direct recruitment under the earlier rules. It is also their contention that there is no reservation or quota prescribed for the internal candidates and the impugned rules have shut out all experienced personnel in BSNL by prescribing the maximum age limit as 45 years. According to them on the date of the impugned notification issued for filling up the posts of DGMs, no posts were in existence and the approval of the Board for creation of the posts was made on 08.12.2009. The grievance of the petitioners is that there was no nexus between the eligibility criteria and the object sought to be achieved in as much as prescribing the unfair condition of E4 pay scales, the petitioners would not have the eligibility and only the candidates from private sector will be eligible. According to them, higher pay or higher scale cannot be the criteria to appoint in the posts of DGMs by way of direct recruitment. On the other hand, it has been contended by the respondents that the posts earmarked for direct recruitment are over and above the 1398 posts earmarked for promotion in the Recruitment Rules notified, and the minimum eligibility for promotion to DGMs is that one should be AGM/DE and therefore, the petitioners shall not have any grievance and also they have no locus standi to file the writ petition. The same contentions have been urged by the petitioners before the learned Central Administrative Tribunal but were rejected by the order of the learned Tribunal dated 06.07.2010 holding that the board has competence to notify the separate rules for direct recruitment, provision has been made in the BSNL management services recruitment rules for the petitioners and similarly placed Executives working in BSNL to safeguard their promotional prospects by providing a channel from STS cadre to the DGM post through promotion. The petitioners will only be eligible for the post of DGM after entering into the STS cadre and after putting in the required service in the cadre as prescribed by the rules. Holding as such, the learned Tribunal dismissed the O.A. filed by the petitioners. Now the point for determination in the writ petition is whether there are any valid grounds made out by the petitioners to issue a writ of mandamus as prayed for by them. The BSNL in order to maintain excellence in its operations can choose its own policy of recruitment for absorbing efficient personnel to face the increasing competition from the private sector. The petitioners have no locus standi to contend that the post of DGM has to be filled up only by promotion from the category of DE/Chief Executive Engineers/AGMs, we are unable to agree with the contention of the petitioners that E4 scale of employees in metropolitan cities like Mumbai and Delhi were performing the same duties and functions on par with the Sub- Divisional Engineers who are in E3 scale and working in the rest of the country and prescribing pay scale i.e. E4 grade for PSU employees and not prescribing any pay scale for the private sector and prescribing the eligibility criteria for private sector employees basing on the gross salary of Rs.7 lakhs per annum or working in a company which has turn over of 100 crores or above irrespective of the salary of the employee is a positive and hostile discrimination of the PSU employees. We do not think that the rules made and the eligibility criteria prescribed for the post of DGM are either arbitrary or discriminatory. It is for the employer to prescribe the eligibility criteria and the competence of the employer cannot be questioned by the petitioners so long as the criteria prescribed is uniform and with the object of absorbing more efficient and talented people for effective functioning of the organization. It is not open for the petitioners to contend that there is no nexus between the criteria prescribed and the object sought to be achieved and further there is no force in the contention that the impugned recruitment rules are arbitrary, illegal and discriminatory and violative of Articles 14, 16 and 21 of Constitution of India. For the reasons aforementioned, there are absolutely no valid grounds to set aside the order, dated 06.07.2008 passed by the Central Administrative Tribunal and to issue writ of mandamus as prayed for by the petitioners. The writ petition is therefore dismissed. There shall be no order as to costs. ________________ GODA RAGHURAM,J _______________ Date:27.10.2010. R. KANTHA RAO, J CCM THE HON’BLE MR JUSTICE GODA RAGHURAM AND THE HON’BLE MR JUSTICE R. KANTHA RAO W.P.No. 16753_of 2010 Date:27.10.2010